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Jakher Mohamed Mondal and ors. Vs. Khatir Mohamed Shaikh - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in46Ind.Cas.264
AppellantJakher Mohamed Mondal and ors.
RespondentKhatir Mohamed Shaikh
Excerpt:
bengal tenancy act (viii b.c. of 1885), section 49 - landlord and tenant--under-raiyat--notice to quit signed by one of several landlords, validity of. - 1. this is an appeal by the plaintiffs against the decision of the learned district judge of rungpur, dated the 16th april 1916, reversing the decision of the munsif of gaibandha. the suit was brought for ejectment of an under-raiyat after notice to quit. the first court decreed the suit. on appeal, the learned district judge reversed that decision on one point. the notice to quit had been signed by one of the co-sharer landlords and the learned judge was of opinion that the evidence did not establish that he signed on behalf of himself and the other landlords. therefore, he dismissed the suit. neither side has attempted to support the decision of the learned judge in this respect. such a point was not in issue and could riot be in issue in a suit of this nature. the judgment of the.....
Judgment:

1. This is an appeal by the plaintiffs against the decision of the learned District Judge of Rungpur, dated the 16th April 1916, reversing the decision of the Munsif of Gaibandha. The suit was brought for ejectment of an under-raiyat after notice to quit. The first Court decreed the suit. On appeal, the learned District Judge reversed that decision on one point. The notice to quit had been signed by one of the co-sharer landlords and the learned Judge was of opinion that the evidence did not establish that he signed on behalf of himself and the other landlords. Therefore, he dismissed the suit. Neither side has attempted to support the decision of the learned Judge in this respect. Such a point was not in issue and could riot be in issue in a suit of this nature. The judgment of the learned District Judge must, therefore, be set aside and the case remitted to the Court of Appeal below to have the appeal re-heard and disposed of on the points raised in the Court of first instance. Costs will abide the result.


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