PANNALAL RUDRA Vs. BIRENDRA ALIAS BIRESWAR SANA

JUDGEMENT

(1.) This appeal has arisen out of a suit instituted by the plaintiffs appellants for recovery of arrears of rent from the defendant respondent for the years 1352 to 1355 B. S. at the rate of Rs. 55/- per year with cesses and damages at the ordinary rates.

(2.) The suit was contested by the defendant whose only defence in so far as the present appeal is concerned was that the plaintiffs can recover rent at the rate of Rs. 34/- per year and not at the, rate of Rs. 557- per year as claimed by them.

(3.) This defence of the defendant found favour with the trial court and it decreed the claim of the plaintiffs at the rate of Rs. 34/- per year with cesses and damages at the ordinary rates and also with costs in proportion to plaintiffs success.