(1.) This is an appeal against a judgment of the District Judge of Patna, by which a suit instituted by the plaintiffs was remanded to the Court of First Instance for the purpose of an account being taken from the defendant.
(2.) The facts out of which the suit arose are shortly these. The plaintiffs executed a ticca lease for nine years, commencing from the year 1293, and lending in the year 1301 I1. S., upon an annual rent of Rs. 1,400, Rs. 700 being deposited by the defendant, the lessee, by way of security in the hands If the lessors, with this stipulation, that the amount should be applied towards the rent of the last year of the lease, namely, 1301.
(3.) The plaintiffs case, as set out in the plaint, is that, after the expiration If the period for which the ticca was given, they called upon the defendant for an account of the collections of the annual rent and the payments made by him; but the defendant failed to comply with the requisition, and therefore they (the plaintiffs) are entitled to sue for an account in connection with this ticca transaction from Assin 1293 to Bhadra 1301; and they pray that in default of the defendant rendering such account, a decree may be given to them (the plaintiffs) for Rs. 1,364-7-9.