Moni Mohan Banerjee and Another vs Anoraddi Chowkidar and Others

Walmsley, J.—I think this Rule must be made absolute. The learned Munsif finds not merely that the relationship of landlord and tenants does not exist between the plaintiff and the defendants Nos. 1 to 4, bat he finds farther that the document upon which the plaintiff relies is a collusive document and that defendant No. 6 is one of the landlords of the tenant defendants. Those findings make the case very similar to that of Sita Nath Pal v. Kartick Gharmi 8 C.W.N. 434. I, therefore, set aside the order of the learned Judge rejecting the appeal as incompetent and direct the appeal to be restored to its place on the register and disposed of in accordance with law. I make no order as to costs in this Court.