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Binod Kumar Ray Chaudhury and ors. Vs. Ram Kishore Mistry and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in91Ind.Cas.686
AppellantBinod Kumar Ray Chaudhury and ors.
RespondentRam Kishore Mistry and ors.
Excerpt:
landlord and tenant - kabuliyat describing boundaries of land leased--land subsequently discovered to belong to landlord, not handed over to tenant--rent, suspension of--abatement of rent. - .....has not passed into their possession, i think that this appeal must succeed and that the learned subordinate judge was not justified in holding as he has done that there must be a total suspension of rent.2. we accordingly set aside the decree of the learned subordinate judge but there are other questions to which the learned subordinate judge refers in his judgment and a decision of which is necessary before the plaintiffs' claim for rent can succeed. we accordingly send back matter to the learned subordinate judge in order that he may dispose of the other questions referred to in his judgment which were left open by him at the time the case was before him. the learned subordinate judge and after deciding these questions he will finally dispose of the appeal.3. we think that.....
Judgment:

Ewart Greaves, J.

Missing Page 687

Operation, has not passed into their possession, I think that this appeal must succeed and that the learned Subordinate Judge was not justified in holding as he has done that there must be a total suspension of rent.

2. We accordingly set aside the decree of the learned Subordinate Judge but there are other questions to which the learned Subordinate Judge refers in his judgment and a decision of which is necessary before the plaintiffs' claim for rent can succeed. We accordingly send back matter to the learned Subordinate Judge in order that he may dispose of the other questions referred to in his judgment which were left open by him at the time the case was before him. The learned Subordinate Judge and after deciding these questions he will finally dispose of the appeal.

3. We think that the plaintiffs who have succeeded here are entitled to the costs of this appeal. The other costs including the costs of the further hearing before the learned Subordinate Judge will abide the result.

Cuming, J.

4. I agree


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