Siataj Shaikh and Others vs Bishnudas Dhar and Others

B.B. Ghose, J.—This appeal arises out of a suit for rent which has been decreed by both the Courts below.

The only point argued is that the tenants defendants having transferred their holding and the landlords having presented a plaint previously for possession of the land as against the transferee is precluded from suing the defendants for the rent of the land. The suit of the landlords as against the transferee was not proceeded with and it came to nothing. It is contended that the presentation of the plaint ought to be taken as acceptance of the abandonment of the holding by the recorded tenants, that is, the defendants in the suit. That can hardly be accepted as a correct proposition of law. The landlord is not bound to accept any person as a tenant other than his recorded tenant and he is entitled to bring a suit for rent and obtain a decree as against the recorded tenant.

The appeal must, therefore, be dismissed with costs.

Cuming, J.

I agree.