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Surendra Nath Mitra and ors. Vs. Upendra Nath Bhatta - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in18Ind.Cas.495
AppellantSurendra Nath Mitra and ors.
RespondentUpendra Nath Bhatta
Excerpt:
succession certificate act (vii of 1889), section 4 clause (2) - debt--decree for rent--decretal amount deposited by tenant--whether amount is 'rent.' - 1. no one appearing to oppose this rule, we think that it should be made absolute. the claim of the father of the petitioners was for rent. the fact that the claim was allowed and a decree for rent was obtained does not appear to us to have altered the character of the original debt which was one for rent. we, therefore, make the rule absolute, set aside the order of the munsif respecting the application and direct that the amount claimed be paid to the petitioners.
Judgment:

1. No one appearing to oppose this Rule, we think that it should be made absolute. The claim of the father of the petitioners was for rent. The fact that the claim was allowed and a decree for rent was obtained does not appear to us to have altered the character of the original debt which was one for rent. We, therefore, make the Rule absolute, set aside the order of the Munsif respecting the application and direct that the amount claimed be paid to the petitioners.


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