(1.) In the suit out of which this appeal arises the plaintiff sued the two defendants for the assessment of a fair and equitable rent on certain lands on the following allegations.
(2.) The plaintiff is the zamindar of a 12 annas, 6 gandas share in mouza Sangrai. The defendant No. 1 is the putnidar under him for the whole of the share (12 annas 16 gandas) that he holds in mouza Sangrai. Within the village there were certain chaukidari chakran lands. These chaukidari chakran lands were resumed by Government and transferred to the zamindar by two deeds, one Ex. 1, dated the 16 October 1901, which covers some 25 bighas, 9 cottahs odd of land, the other Ex. 2, dated the 15 April 1914, which covers 6 bighas odd of land. The defendant has refused to pay him any rent for these lands and hence the suit.
(3.) Defendant No. 2 contended that he had no interest in the land in dispute and this contention hay been found in his favour.