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Judgment
This is an appeal by Defendants Nos. 10 to 13 in a suit to recover arrears of a putni rent. There is no dispute about the amount of rent, cess or interest payable by the putnidar to the zemindar Plaintiffs. The entire body of landlords are Plaintiffs and co-Plaintiffs and the entire body of the tenants (putnidars) are the Defendants Nos. 1 to 13. Plaintiffs Nos. 1 and 2 are Defendants Nos. 8 and 7 respectively in the present suit as each of them has 1 anna 4 pies share in the putni also. Dr. Basak, appearing on behalf of the Defendant Appellants, contended that the frame of the suit was bad as two of the Plaintiffs were also two of the Defendants in the suit. We are unable to accept this contention. There was admittedly no merger of the putni interest of the Plaintiffs Nos. 1 and 2 in their zemindary interest. The Plaintiffs were, therefore, bound to implead all the putnidars, including Plaintiffs Nos. 1 and 2, as Defendants in the rent suit in order to enable them to get a decree for arrears of rent as contemplated by the Bengal Tenancy Act. The decree that has been passed by the trial Judge is therefore, a rent decree and we find no reason to interfere with it.
The appeal accordingly fails and is dismissed with costs, hearing-fee being assessed at three gold mohurs to be divided equally between the appearing Plaintiffs and the appearing co-Plaintiffs Respondents.