TARAK NATH DUBEY Vs. RAGHU NANDAN PANDEY

JUDGEMENT

(1.) This is a second appeal by the plaintiff arising out of a suit for recovery of arrears of rent with regard to a tenure. The plaintiff had claimed the rent as purchaser of the interest of two persona named Hira Lal Pathak and Ram Kishore Pathak by two sale-deeds, and the case made out by him was that the tenure carried a yearly jama of Rs. 323 besides cess, out of which he was entitled to realise 1/3rd share.

(2.) The defendants pleaded that Hira Lal Pathak and Ram Kishore Pathak had reduced the jama to Rs. 200 in the year 1346 and that for the years 1347, 1348 and 1349 rent had been realised by them at this reduced rate; and, consequently, it was contended by the defendants that the plaintiff as the purchaser of the interest of Hira Lal Pathak and Ram Kishore Pathak was not entitled to claim a higher jama.

(3.) The Courts below upheld the contention of the defendants and passed a decree at the reduced jama of Rs. 200 besides cess.