MAHADEO DAS Vs. TRIBENI PRASAD SINGH

JUDGEMENT

(1.) The only question raised in this second appeal by defendant-appellant is with regard to the costs that have been awarded by the Court below.

(2.) The appeal arises out of a suit for rent. The plaintiffs alleged that the area of the holding was 1 bigha, IS cottas, 10 dhurs with a rental of Rs. 6-7-0 a year. The defendant alleged that the area was 2 bighas, 19 cottas, 4 dhurs with a rental of Rs. 6-11-0 and that the holding included plots Nos. 1201 and 1239. The first Court found for the defendant. The plaintiffs appealed and the appellate Court has held that the area is as alleged by the defence but that the holding does not include plots Nos. 1201 and 1239.

(3.) This second appeal appears to have been filed to challenge the decision of the Court below with regard to plots Nos. 1201 and 1239; but it is now conceded that the decision is a finding of fact which is binding on this Court in second appeal.