(1.) This appeal arises out of a suit for recovery of arrears of rent in respect of a 'seputni' tenure. The suit was originally instituted by one Promoda Kumar Banerjee as Receiver to the estate of deceased Nirmal Chandra Banerjee. 'Pro forma' defendants Nos. 2 to 4 are the heirs of Nirmal. Out of them 'pro forma' defendants Nos. 2(a) and 2(b) were substituted in place of the Receiver during the pendency of the suit in the Trial Court on an application dated the 25th July, 1949. It was alleged in that application that the entire 'darputni' under which the 'seputni' of the principal defendant was held was allotted to them in pursuance of a compromise decree passed in Title Suit No. 20 of 1949 of the Second Subordinate Judge's Court, Hooghly. The total claim was originally laid at Rs. 40312-11-17gds. It was ultimately reduced to Rs. 27711-8-1 pie by successive amendments.
(2.) The suit was contested by the principal defendant who pleaded 'inter alia' that some payments were not credited and rent should be decreased on account of delusion and that the amount of damages claimed was excessive. A further plea was taken that the suit was barred by the provisions of Sections 15 and 16 of the Bengal Tenancy Act.
(3.) These objections were mostly overruled by the learned Subordinate Judge who delivered the first judgment on the 27th April, 1950. He passed a decree for Rs. 25005/14/19 gandas with proportionate costs by reducing the claim for damages from 12 1/2 per cent, to 6 1/4 per cent.