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Jogendra Nath Mitra Vs. Apara Prosad Mukerjee - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in45Ind.Cas.616
AppellantJogendra Nath Mitra
RespondentApara Prosad Mukerjee
Excerpt:
landlord and tenant--cesses, landlord agreeing to bear, effect of. - .....of the same place. the plaintiff, who is the landlord, sued for rent the defendant, who was a tenure holder under him. the only question in the appeal as it was in the courts below is. is the defendant liable to pay the cesses or did the landlord plaintiff undertake by the contract to bear that liability?' it is a perfectly clear case, because the property was let cut at rs. 90 per annum including the cesses. the landlord might wisely or unwisely have agreed to that contract and it may be a misfortune that the cesses have been so considerably increased. 'but notwithstanding that the landlord clearly undertook by contract as between himself and the tenure-holder that he would bear the cesses. that being so, the view adopted by the learned judge of the lower appellate court is.....
Judgment:

1. This is an appeal by the plaintiff against the decision of the learned Subordinate Judge of Burdwan affirming the decision of the Munsif of the same place. The plaintiff, who is the landlord, sued for rent the defendant, who was a tenure holder under him. The only question in the appeal as it was in the Courts below is. Is the defendant liable to pay the cesses or did the landlord plaintiff undertake by the contract to bear that liability?' It is a perfectly clear case, because the property was let cut at Rs. 90 per annum including the cesses. The landlord might wisely or unwisely have agreed to that contract and it may be a misfortune that the cesses have been so considerably increased. 'But notwithstanding that the landlord clearly undertook by contract as between himself and the tenure-holder that he would bear the cesses. That being so, the view adopted by the learned Judge of the lower Appellate Court is correct. The appeal fails and is dismissed with costs.


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