Harehkrishna Das and others vs Brindabun Shaha and others

The Subordinate Judge has reversed the decree of the first Court and dismissed the Suit holding that as the Plaintiff''s name was not registered under the Land Registration Act before the suit was brought, the suit, which is one for arrears of rent, could not be maintained. It appears that the Plaintiff is a manager appointed by the District Judge, and that, after the suit was brought, he got his name registered as manager of the taluk. The decision of the Full Bench of this Court in the case of Alimuddin Khan v. Hira Lal Sen ILR Cal. 87, shows that the suit should not have been dismissed merely on the ground of the Plaintiff''s name not being registered at the time the suit was brought; and that it was sufficient if the name was registered before the decree was made. The judgment of the Subordinate Judge is reversed, and that of the Munsif restored. The Plaintiff will get his costs in this and the, lower Appellate (sic).