MONMOTHA PAUL CHAUDHURY Vs. MOHENDRA NATH BOSE

JUDGEMENT

(1.) This appeal arises out of a suit for enhancement of rent, and for additional rent for additional area comprised in a jote.

(2.) The jote consisted originally of about 3,320 bighas of land, and was held by one Mr. Poulson at a rent of Rs. 63-13-5, The defendants father was the landlord in respect of the jote a 5-annas share in patni right and 11-annas shares as a proprietor. He brought a suit for enhancement of rent of the jote in 1867 which went up to the Privy Council, and the jama was enhanced to Rs. 1,805-10-10 the lands of the jote being found to be 3,340 bighas, During the pendency of that litigation, one Khantokali Dasi obtained a decree against the defendants in respect of the 5-annas patni right of the village in which the lands are situate. She let out the 5-annas share to the plaintiffs in 1876. The defendants then, purchased the entire tenancy from the heirs of Mr. Poulson. The defendants thus had a 11-annas share of the landlord's interest and the entire interest of the tenant, and the plaintiff had the landlord's interest in respect of a 5-annas share.

(3.) It appears that when the plaintiff was about to sue the defendants for his share of the rent at the enhanced rate, an arrangement was arrived at, and the defendants agreed to pay rent to the plaintiffs at the rate of Rs. 554-10-10.