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Gopi Nath Bagdi and ors. Vs. Ishur Chundra Bagdi and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in(1895)ILR22Cal800
AppellantGopi Nath Bagdi and ors.
Respondentishur Chundra Bagdi and ors.
Cases ReferredKinu Ram Das v. Mozaffer Hosain Shaha I.L.R.
Excerpt:
co-sharers - bengal tenancy act (viii of 1885), sections 171,174--payment of decretal amount by one co-sharer to set aside sale, effect of--charge. - .....174 would need some indication in the act itself in connection with that section before we should feel at liberty to accede to the appellants' contention by declaring that, besides their right to contribution personally, they had also a right to a charge on the property so far as the shares of their co-tenants are concerned for the amount paid by them under the provisions of that section. there is nothing in the section which contemplates any such right or privilege on the part of the person paying, and we do not think we should add such a provision as that to section 174.2. we therefore dismiss the appeal with costs.
Judgment:

Pigot, J.

1. As to the general principle upon which the learned pleader for the appellants stated the case to us, we think we are bound by the case of Kinu Ram Das v. Mozaffer Hosain Shaha I.L.R. 14 Cal. 809 which we are unable to distinguish in principle from the case made on behalf of the appellants; and we think that a payment of a nature so peculiar as that under Section 174 would need some indication in the Act itself in connection with that section before we should feel at liberty to accede to the appellants' contention by declaring that, besides their right to contribution personally, they had also a right to a charge on the property so far as the shares of their co-tenants are concerned for the amount paid by them under the provisions of that section. There is nothing in the section which contemplates any such right or privilege on the part of the person paying, and we do not think we should add such a provision as that to Section 174.

2. We therefore dismiss the appeal with costs.


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