SHYAMSUNDAR PATHAK Vs. JAGIDUTTA JHA

JUDGEMENT

(1.) This appeal by the plaintiffs arises out of a suit instituted by them for recovery of arrears of rent in respect of six plots of land forming part of Sikmi Khata No. 3 appertaining to Raiyati Khata No. 47 of village Champapur. The plaintiffs claimed the rent at the rate of Rs. 7/- for each of the three years in suit, namely, 1368 to 1370 F.S.

(2.) The defendants denied the relationship of landlord and tenant between the plaintiffs and themselves and asserted that no rent was payable by them and never any rent had been paid by them.

(3.) The courts below have concurrently held that the plaintiffs are the landlords in respect of the Sikrni Khata No. 3 which originally belonged to Rabidutta Jha and is now held by his sons, the present defendants. The trial Court decreed the suit for rent at the rate of Rs. 7/- per annum as claimed and as mentioned in the Sikmi Khatian Ext. 1 appertaining to the Raiyati Khatian Ext. A.