ALI NAWAZ Vs. KARIM BAKSH CHAUDHURY

JUDGEMENT

(1.) This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Walmsley in a suit for arrears of rent.

(2.) The plaintiff seeks to recover arrears of rent for the years 1914 to 1918 The rent is claimed at Rs. 20 a year together with ceses at annas ten per year. The defendants claim reduction of rent on account of diminution of area. The trial Court decreed the suit in full. On appeal, the Subordinate Judge varied the decree and allowed the reduction claimed. On second appeal to this Court, Mr. Justice Walmsley has reversed the decree of the Subordinate Judge and restored that of the primary Court.

(3.) The question in controversy arises in this way. The plaintiffs allege that the tenancy comprised 1 kani, 12 gandas of land within the boundaries specified and was held at Rs. 20 a year. The defendants contend that according to an entry in the record-of-rights, which was finally published on the 21 January, 1918, the area is 1 kani, 2 gandas and 2 karas, and that if the rule of proportion be applied, the rent payable by them will be, note Rs. 20 but only Rs. 13-9-6 per year.