HARIDAS GHOSH Vs. KISHAN CHAND MEHERA

JUDGEMENT

(1.) This is a plffs'. appeal in a suit for assessment of rent in respect of certain lands which are recorded in the finally published record of rights as being held by the deft, under the plffs. & liable to be assessed with rent. The plffs. had claimed that the rent to be assessed should be at Rs. 25/3/- per year; damages had also been claimed at the same rate for use & occupation for a period of three years before the date of the institution: of the suit. The defence was that the deft, had lakheraj title to the lands & that the entries in the record of rights were wrong. The deft, also pleaded limitation & acquisition of lakheraj title by adverse possession.

(2.) The learned Munsif did not accept the principal contention as raised by the deft. & decreed the suit in part assessing the rent at Rs. 13/8 per year. The claim for back rent was disallowed. The deft, preferred an appeal to the Court of the Subordinate Judge, Burdwan, & the plffs. also filed a cross-objection for having the rent fixed at Rs. 25/3/- per year as claimed in the plaint. The learned Subordinate Judge allowed the appeal & directed the case to go back to the Munsif for a fresh trial allowing the deft. an. opportunity to adduce in evidence a copy of the draft record of rights which had been rejected by the learned Munsif, both parties, in terms of the remand order would be at liberty to adduce further evidence, if they so desired. The present appeal has been preferred by the plffs. & a memorandum of cross-objection has been filed on behalf of the defendant respondent.

(3.) Mr. Chakravarti appearing on behalf of the appellants contends, in the first place, that the learned subordinate Judge was not right in holding that the draft record of rights was admissible in evidence, & that in any view, the case ought not to have been remitted to the trial Court, but the learned Subordinate Judge should have disposed of the appeal on the merits after taking into consideration the copy of the draft, record of rights, even if such draft record be found to be admissible in evidence.