DIBAKAR MUKHOPADHYAY Vs. BIMAL CHANDRA SINHA

JUDGEMENT

(1.) This is an appln for leave to appeal to the S. C. from an appellate decree of this Ct dated 10-5-1950, affirming a decree of a learned Subordinate Judge made in favour of the pltfs.

(2.) The pltfs brought a suit for rent of a patni for the years 1350 to the Pous kist, 1352 B. S. at the annual rate of Rs. 5368/6/- with certain cesses. The defence to the suit was that the pltfs were not entitled to 16 annas of the landlord's interest, that a good portion of the land comprised in the tenure had been lost by diluvion & as such the defts were entitled to a substantial abatement of rent, & there was a further plea of payment.

(3.) The learned Subordinate Judge held that the pltfs were entitled to the 16 annas of the landlord's interest & that there had been no payment. On the question of diluvion the Subordinate Judge held that the deft had failed to prove what abatement in the rent he was entitled to.