GUHA, J. - (1.) THIS appeal by the defendants arises out of a suit for recovery of arrears of rent in respect of a dar -patni jama, By a subsequent amendment of the plaint, the plaintiff prayed for declaratipn of a charge upon, the defendant's one -sixth share in the superior patni in terms of a, Jaminnaina for securing the payment of the dar -patni rent.
(2.) THE facts which are not in dispute are briefly as follows: The father of the defendants took settlement of one -sixth share of the patni of the plaintiff in dar -patni right upon a potta executed in 1326 B. S. In the said patni the defendants' father had also one -third share and on the same date as the date of the dar -patni potta he executed a jaminnama by which he purported to create a charge upon his one -sixth share in the patni for rent of the dar -patni in dispute. By his amendment of the plaint, the plaintiff wanted to make one -sixth share of the defendants in the patni liable for his dues in respect of the present suit.
(3.) THE defence inter alia was that the provisions of Section 168 -A, Bengal Tenancy Act, stood in the way of the plaintiff in enforcing the contract entered into between the parties upon the jaminnama.;