ATUL CHANDRA ROY Vs. CHARUBALA DASI

JUDGEMENT

(1.) This second appeal has been preferred by the plaintiff landlord whose claim for produce rent his been proportionately reduced by the courts below owing to deterioration of a part of the tenancy land on account of deposit of sand. In the trial court, the plaintiff claimed cash rent at Rs. 24-12-17 gandas per year and the value of 'sanja' paddy at 1 ara 9 kuris and 3 mans for the years. 1349 B. S. to six months of 1351 B. S. with cesses and damages.

(2.) The suit was contested in the trial court on three questions, namely, (1) what was the measure of an ara, kuri and man in terms of maunds and seers, (2) what amount of cesses is recoverable by the plaintiff and (3) whether the defendants can get proportionate reduction of rent.

(3.) The decision of the lower appellate court has not been challenged by the appellant as regards the first two questions. Only the third question viz., whether the defendants are entitled to reduction of 'sanja' rent on account of deterioration of the tenancy land was canvassed in this appeal by the appellant.