JIBAN KRISHNA MULLIK Vs. NIRUPAMA GUPTA

JUDGEMENT

(1.) The suit in respect of which this appeal arises was brought by a putnidar against a se- putnidar for arrears of rent. The putnidar had created a durputni in favour of one Umesh Chandra Biswas under which Umesh became liable to pay-rent at the rate of Rs. 244 per annum. Subsequently, Umesh executed a document by which he created a seputni in favour of the defendants under which a jama of Rs. 344 was fixed, It was further provided that by virtue of the se-putni right you shall be in title and possession of the same and out of the settled se- putni jama of Rs. 344 you shall pay Rs. 244, dur-putni rent, to the putnidar and shall take the rent receipt in my name and you shall pay me the said, rent receipt and the remaining Rs. 100 as per kist in the schedule below." It is unnecessary to consider the other provisions in the document creating the se-putni.

(2.) The trial Court decreed the claim in parti. But the lower Appellate Court allowed an appeal by the defendant and dismissed the suit.

(3.) The question which we have to determine in this appeal is whether the plaintiff has made out any claim to recover from the defendant the moneys in suit as rent or otherwise.