SHIB NATH DHAR Vs. ANNODA PROSAD DHAR

JUDGEMENT

(1.) This is an appeal in a suit to recover arrears of rent at the rate of Rs. 7-12-4 per annum.

(2.) The Court of first instance dismissed the suit and declined to decree the plaintiffs claim at the rate admitted by the tenant defendant because the admission so made could not be construed into a liability to pay rent at the rate of Rs. 5 per annum.

(3.) The District Judge on appeal has decreed the suit at the rate which he calls the admitted rate of Rs. 5 per annum, and he has deducted from that jama a sum of annas 6 which, he says, is the rent payable in respect of plot No. 2 as to which it has been found that there was no relationship of landlord and tenant between the parties.