- (1.) In this case the plaintiff sued the defendant for arrears of rent for four-fifths of a certain talook called Baro Ruki Mehal. The plaintiff's claim was for two months of 1271 (1863) viz., Falgun and Chaitra; for the whole of 1272 (1864-65) and 1273 (1865-66), and up to the 10th Magh 1274 (1867). An intervenor claimed one-fifth of the interest in the mehal as heir of one Rani Bhairabi. It is admitted by all parties that Bani Bhairabi died in 1271 (1863). This intervenor based his right on a Civil Court decree of the 20th May 1868.
(2.) The first Court gave the plaintiff a decree for three-fifths of the interest of the mehal from 1272 (1864-65).
(3.) The first Court held that the only point to be decided in the case of the intervener was, whether he was in actual receipt and enjoyment of the rent before the institution of the suit or not. The first Court then remarked that neither of the parties (the plaintiff nor the intervener) could satisfy it upon that point, viz., as to the actual receipt and enjoyment of the rent. The first Court then goes on to ssy, that as the intervenor acquired a right under a Civil Court decree, he had established his claim in this case.;