PROVINCE OF BENGAL Vs. HAIDAR SHAIKH

JUDGEMENT

(1.) These three appeals arise out of as many suits for assessment of rent and for compensation for use and occupation.

(2.) On April 7, 1945, the Plaintiff landlord who is the Appellant in all these appeals instituted the present suits. His case was that in the finally published record of rights the disputed lands were recorded in the possession of the Defendants as tenants under the Plaintiff but as liable to assessment of rent.

(3.) The defence to the suit inter alia was that the suit was barred by Section 109 of the Bengal Tenancy Act as also by res judicata.