TARAN KRISHNA BHOWMIK Vs. MUNSHI SAMIRUDDIN

JUDGEMENT

(1.) One Chuni Bibi, the predecessor-in-interest of the plaintiffs, executed a zarpeshgi lease in favour of the defendant No. 1 on the 11th Agrahyan 1301 B.S. on receipt of Rs. 500 at an interest of Rs. 1-4-0 per month for a term of 9 years. By the terms of the lease the defendant No. 1 was to pay the rent payable to the superior landlord for the property and to apply the balance of the rent, which was fixed at Rs. 221, in liquidation of the mortgage-debt. On the expiry of the period of the lease there was to be a mutual adjustment of accounts and it was agreed that the mortgagor would pay any amount which might be due to the mortgagee and that the property would remain liable for such amount after the expiry of the lease. The lessee failed to pay the rent to the superior landlord, the latter obtained a decree for rent against the mortgagor and in execution of that decree the property was sold on the 23rd November 1904. The ejara expired on the 13th April 1905, and on the 11th April 1908 the plaintiffs- respondents brought a suit for adjustment of accounts against the defendant and that suit was decreed in part.

(2.) The present suit was instituted on the 11th April 1911 in which the plaintiffs claimed damages in respect of the loss occasioned by the sale of the property in consequence of non- payment; of rent by the defendant.

(3.) The Courts below have held that the plaintiffs are entitled to get a decree for the amount of rent which the defendant defaulted to pay to the superior landlord and the defendant has appealed to this Court.