KESHAB KISHORE NARAIN SARASWATI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals of the plaintiff arise out of one judgment passed by the Subordinate Judge, Darbhanga, and were heard together as common questions of law and fact were involved in both the appeals, and, therefore, this judgment will govern both of them.

(2.) The plaintiff filed two suits for recovery of rent in respect of the same land for different periods. It is the common case of the parties that, in all, 1 bigha 2 kathas of land of the plaintiff as per details given at the foot of the plaints was taken by the Public Works Department of the State of Bihar for dumping coal and tar. 11 Kathas of land was taken with effect from the 1st April, 1957, whereas 10 kathas of land from the 1st July 1950 and 1 katha of land from the 1st May, 1947. As regards the last item of 1 katha, it is also the common ground that rent to the plaintiff was paid at the rate of Rs. 10 per katha per month from the 1st May, 1947 to the 31st July. 1951, In First Appeal No. 262 of 1963 arising out of Money suit No. 66 of 1960, rent in question was claimed from the 1st August 1951 to the 31st March, 1959, in respect of 1 katha of land and from the 1st July, 1950, in respect of 10 kathas of land and likewise from the 1st April, 1957 in respect of 11 kathas of land. In First Appeal No. 297 of 1965 arising out of Money Suit No. 31 of 1962, rent was claimed in respect of the lands from the 1st April, 1959, to the 31st March, 1962, at the rate of Rs. 10 per katha per month.

(3.) The case of the plaintiff is that the land in question was taken by the Public Works Department at the rate of Rs. 10 per katha per month, and, in spite of demand, no payment was made for the period in question. So he was obliged to file the two suits for the recovery of the arrears of rent along with interest at the rate of one per cent per month thereon and other incidental expenses like cost of notice under Section 80 of the Code of Civil Procedure.