TaxTMI 
TaxTMI 
1949 (11) TMI 22
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....ght annas Dokhta of the village. It is held in the following shares: (1) Plaintiff's two annas; (2) defendant 1, one anna, and (3) defendants 2 and 3 five annas. The one anna share was formerly held by Tufail Ahmad (defendant 5), from whom defendant l acquired it by purchase in 1345 Fasli. Dar-mokarari rent having fallen in arrears, the proprietress sued and obtained a decree against the plaintiffs for the arrears of rent for the years 1342 to 1345 Fasli. Defendant l was not impleaded in the rent suit. The plaintiffs deposited Rs. 1,945-7.0 towards satisfaction of the decree and the other co-sharer dar-mokararidars having paid their quota of the dues in accordance with their respective shares, brought this suit for contribution against ....
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....ently with his findings decreed the suit against the representatives of Tufail Ahmad, but he found himself unable to interfere as there was no appeal or cross-objection by them before him. 4. Three contentions have been pressed before us : (1) That defendant 1 is not liable to contribute at all, (2) that he is not liable to contribute in respect of the year 1342, and (3) that he is not liable to contribute in respect of the decree for costs in the rent suit. 5. The first contention is rested on the decision of Das J. in Kamaleshwari Prasad v. Jagarnath A. I. R 1920 Pat. 155 : 56 I. C. 949 . In that case, the landlord had obtained a decree for arrears of mokarari rent for the years 1315 to 1318 Fasli against two sets of tenants who for....
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...."A person who in interested in the payment of money which another is bound to pay, and who therefore pays it, is entitled to be reimbursed by the other." Apparently, the section makes a distinction between a person interested in the payment of money and a person bound by law to pay it. The word "reimbursed" is significant and contrasts with the words "contribute" and "contribution" in Section 43, which empowers each of two or more joint promisors to compel every other joint promisor to contribute to the performance of the promise. Contribution is between persons equally bound, reimbursement between a person interested in payment and a person bound to pay. My reading of Section 69 is in accord with Mamndra Chandra v. Jamahir Kumari 32 Cal....
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....nder Section 43. 8. Coming to the second point, I think the appellant is entitled to succeed. It is not clear from the judgment of the Subordinate Judge whether in fact the appellant under the terms of the sale deed bound himself to pay the arrears of rent for 1342 Fasli. It is not necessary for us to go into the question, however. Whether he bound himself to do so or not, this was a matter between him and his vendor. The plaintiffs were not a party to that agreement and, therefore, in respect of the year 1342 Fasli, the plaintiffs on one side and the appellant on the other cannot be regarded ag co-promisors. That relationship existed for that year between the plaintiffs and Tufail Ahmad, Hence, the decree unintentionally passed by the M....
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....tation in adopting his view for the purpose of deciding the present case. In that case the learned Chief Justice expressed his views is these terms : 'It seems clear therefore Chat the doctrine of contribution is well recognised in this country and that the only cases in which it will not he enforced are those in which a liability arises out of a joint wrong or where the equities of the case demand that the plaintiff should not recover as where the party sued was merely a formal defendant in the previous suit and not personally interested in result of it. "These remarks merely emphasise the fact that the claim of the plaintiff being based not upon any contract but upon the principle of equity cannot be enforced against....