JAGANNATH MANJHI Vs. JUMMAN ALI PUTWARI
JUMMAN ALI PUTWARI
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Ghose and Brett, JJ -
(1.) This is a suit for recovery of rent in respect of certain lands held by the principal defendants as raiyats under the plaintiffs, who, it appears, have obtained a howladari lease of the same from the zemindar defendants. It comprises a claim for additional rent for excess area in the ocoupation of the defendants.
(2.) The learned District Judge has given the plaintiffs a modified decree; and against that decree the principal defendants have appealed to this Court.
(3.) The first point that has been raised on behalf of the appellants "by their learned Vakil is that the suit is not maintainable for non-joinder of necessary parties, it being contended that one Hari Charan Majhee to -whom the defendants had sold a portion of their raiyati interest has not been included as a party defendant, and that the zemindar defendants should have been added as party defendants. The second ground taken is that under the terms of the grant in favour of the plaintiffs, they are not entitled to recover any additional rent in respect of any excess area in the occupation of the defendants. And-the third ground urged upon us is that, supposing the plaintiffs are entitled to any rent for any excess area in the occupation of the defendants, still they cannot recover it, until the amount of such excess area has been determined in the present case. These are the principal contentions raised before us. One or two other points were also mentioned, but they were not seriously urged.;
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