NATABAR CHAUDHARY Vs. SHANKER MAHTON

JUDGEMENT

(1.) This is a plaintiffs' Second Appeal arising out of a rent suit instituted by them for recovery of rent including cess and interest for the years 1350 to 1353 B. S. in respect of holding No. 19 situate in mauza Harnama. The plaintiffs claimed rent at the rate of Rs. 28/14/- per year. Defendant No. 1 alone opposed the plaintiffs' claim on two grounds, first, that the rent of the holding had been reduced from Rs. 28/14/- to Rs. 14/7/- in a proceeding for reduction of rent under the Chota Nagpur Tenancy Act, and, second, that the rent for the years 1350 to 1352 B. S. had been deposited in Court to the credit of the plaintiffs.

(2.) The plaintiffs impugned the validity of the reduction of rent and contended that the order of the Rent Reduction Officer reducing the Jama was void and without jurisdiction, as the 16 annas landlords were not represented in the proceeding.

(3.) The learned Munsif overruled the contention of the plaintiffs and held that all the landlords were parties to the rent reduction proceeding and that the reduction was made in their presence. He further held that the rent for the three years, from 1350 to 1352 B. S., had been deposited in Court and that the deposit was valid. He accordingly gave the plaintiffs a decree at the reduced Jama in respect of one year only, namely, 1353 B. S., with proportionate costs and interest at 6/1/4 per cent, per annum.