MON MOHAN DUTTA Vs. MOHAMED HATIM

JUDGEMENT

(1.) This appeal arises out of a suit for joint khas possession in respect of the plaintiffs share of the land in dispute.

(2.) It appears that the plaintiffs and the pro forma defendants held the lands in jote right, the plaintiffs owning the largest share (14 annas and odd). The principal defendants obtained an under raiynt lease for a term of years from the plaintiffs and the pro forma defendants. The term of the lease expired in 1910. The plaintiffs purchased the share of the pro forma defendants on the 29th January 1912 and thus became the owners of the 16-annas share. The present suit was instituted for ejectment of the principal defendants on the 30th August 1912.

(3.) The defence of the defendants was that they paid to the pro forma defendants their share of the rent after the expiry of the lease, and could not be ejected.