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Bidhu Bhushun Basu and ors. Vs. Komaraddi Mundul and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1883)ILR9Cal864
AppellantBidhu Bhushun Basu and ors.
RespondentKomaraddi Mundul and anr.
Cases ReferredChuni Singh v. Hera Mahto I.L.R.
Excerpt:
enhancement of rent, suit for - co-sharers--notice of enhancement--parties. - .....annas share, and separately collected their rent from the defendants. the question we have to decide in second appeal is, whether this notice was good. this question has, in our opinion, been decided in the affirmative by the observations of the chief justice in the full bench case of chuni singh v. hera mahto i.l.r. 7 cal. 633. we understand the meaning of the chief justice to be that a suit by a portion of the co-sharers for rent at an enhanced rate may be brought, provided the other co-sharers are joined in the suit either as plaintiffs or defendants; and that, in such a case, notice may be duly given by that portion of the co-sharers by which the 'suit is instituted. we think, therefore, that the question is no longer open to discussion. the present appeal must accordingly be.....
Judgment:

Cunningham, J.

1. This was a suit for rent at an enhanced rate. The defence raised was that the notice of enhancement was signed, not by the whole body of landlords, but by the plaintiffs alone, who held an eight annas share, and separately collected their rent from the defendants. The question we have to decide in second appeal is, whether this notice was good. This question has, in our opinion, been decided in the affirmative by the observations of the Chief Justice in the Full Bench case of Chuni Singh v. Hera Mahto I.L.R. 7 Cal. 633. We understand the meaning of the Chief Justice to be that a suit by a portion of the co-sharers for rent at an enhanced rate may be brought, provided the other co-sharers are joined in the suit either as plaintiffs or defendants; and that, in such a case, notice may be duly given by that portion of the co-sharers by which the 'suit is instituted. We think, therefore, that the question is no longer open to discussion. The present appeal must accordingly be admitted, and the case remanded to the Court of First Instance for trial on the merits.


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