(1.) This appeal is by the defendants first party arising out of a suit brought for assessment of fair rent and compensation for use and occupation for a period of three years prior to the institution of the suit. The trial Court passed a decree assessing the rent of the land in suit at the rate of Re. 5 per bigha and ordered that the plaintiffs shall be entitled to realise cess on this amount at the schedule rate. The plaintiffs were also held entitled to damages for use and occupation for the aaid period on the basis of that rental. The plaintiffs had impleaded the tenants as the defendants first party and his co-sharers as the defendant second party.
(2.) Against the decree given by the trial Court, the defendants first party appealed to the Diatrict Judge of Amah and the appeal was heard by the fourth Additional Subordinate Judge of Acrah, who by bis judgment, dated 16th January 1947, dismissed the appeal. Hence this second appeal.
(3.) The land in respect of which an assess-ment of fair rent was sought measures 20.28 acres appertaining to Khata No. 314, Khewat No. 1/28 of village Babhniaon. The share of the plaintiffs is to the extent of one-sixth, while the defendants second party are entitled to the remaining five-sixth. The lands have been recorded in the survey papers as occupancy lands of. Mt. Lakhraje Kuer, the predecessor-in-infereat of the defendants first party. No rent is recorded for the laud bat it is entered that the land is "Kabil Lagan", The plaintiffs alleged that they had asked the defendants first party to get a fair rent assessed, bat with no result. They, accordingly, instituted their suit claiming rent at the rate of Rs. 10 per bigha as also, as already stated, for compensation for use and occupation at the same rate.