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Rajani Kanta Sarkar and ors. Vs. Makhan Lal Goswami - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in15Ind.Cas.542
AppellantRajani Kanta Sarkar and ors.
RespondentMakhan Lal Goswami
Excerpt:
probate and administration act (v of 1881), section 82 - letters of administration--suit by legatee for declaration of title--decree in suit--subsequent suit by legatee against tenant for rent for period subsequent to death of testator--right of suit--bengal tenancy act (viii of 1885), sections 15, 16--deposit of landlord's fee subsequent to institution of suit, whether sufficient. - .....are granted to the widow, and it is suggested that she alone could bring the suit to recover the 4-annas share of the rent claimed by the present plaintiff. this point, has, however, been dealt with by the lower court. it is clear that the present plaintiff has in another suit obtained a declaration that he is entitled to a 4-annas share of the land, and in these circumstances, we think that the lower courts were right in holding that the suit brought by him for his share of the rent could be maintained.2. the only other point taken was that the plaintiff had failed to get himself registered as tenant of all the landlords and it is suggested that the lower courts erred in holding that there had been' a proper service of notice to some of the landlords after payment of the necessary.....
Judgment:

1. The learned Pleader, who appears in support of this appeal, has very candidly admitted that his clients appear in the lower Court to have taken every possible point against the plaintiff's claim, that many of these points were unimportant, and that all of them have been decided against them. The only points to which he invites our attention in the present appeal are, first the question dealt with in Issue No. 2. The Letters of Administration of the estate, under which the present plaintiff claims as legatee, are granted to the widow, and it is suggested that she alone could bring the suit to recover the 4-annas share of the rent claimed by the present plaintiff. This point, has, however, been dealt with by the lower Court. It is clear that the present plaintiff has in another suit obtained a declaration that he is entitled to a 4-annas share of the land, and in these circumstances, we think that the lower Courts were right in holding that the suit brought by him for his share of the rent could be maintained.

2. The only other point taken was that the plaintiff had failed to get himself registered as tenant of all the landlords and it is suggested that the lower Courts erred in holding that there had been' a proper service of notice to some of the landlords after payment of the necessary landlord's fees. We think, however, that the view taken by the Court of first instance, which has been accepted by the lower Appellate Court, is correct, and that the provisions of the law were substantially complied with by the plaintiff after the institution of the suit, and that the objection op that account cannot be maintained in the present appeal.

3. We, therefore, hold that the points raised in support of the appeal fail and the appeal is accordingly dismissed with costs.


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