1. These appeals are preferred against a decision of the learned Subordinate Judge of Jessore, dated 12th August 1916, reversing a decision of the Munsif of the same place. The plaintiffs brought these suits for rent. What has been found is this: that the defendant was dead at the date of the institution of the suits.
2. The plaintiffs however have deliberately gone on with the cases, applying for the substitution of the heirs of the defendant who was dead at the time of the institution of the suits. The decisions of the Courts show that the plaintiffs were not entitled to do so.
3. The decision in this Court of a Bench consisting of Sir Barnes Peacock and Mitter, J., in the case of Mohun Chunder Koondoo v. Azeem Gazee Chowkeedar (1) and the decision of the High Court of Madras in the case of Veerappa Chetty v. Tindal Ponen (2) show quite clearly that the course adopted by the plaintiffs was wrong. That being so, the present appeals fail and are dismissed with costs.
V.B/R.K
4. Appeals dismissed.