1916 (6) TMI 1

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....is original tenant. Defendant No. 1 did not appear, but defendants Nos. 2 and 3 appeared and filed a written statement denying the rate of rent alleged by the plaintiff and pleading want of parties and dispossession of a part of the holding. The Court of first instance dismissed the suit for want of parties and dispossession of a part of the holding and expressed an opinion that the plaintiff had ....

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....alone as his recorded tenant, there would perhaps have been no difficulty in his obtaining a decree for the rent claimed against him alone but the landlord has chosen to sue him as one of three tenants who stand in the place of one deceased tenant. Having brought his suit against all the heirs, he has recognised them all as his tenants and they must all be taken as one body of registered tenants h....

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....he facts of that case and for all that we know, that case may have been one in which the contract of tenancy was entered into jointly by the several tenants. The same remarks may also be made as to the case of JogendraNath Roy v. Nagendra Narain Nandi 11 C.W.N. 1026. The later case of Kashi Kinkar Sen v. Satyendra Nath Bhadro 7 Ind. Cas. 840 : 15 C.W.N. 191 : 12 C.L.J. 642 is more in point, as the....