BIJOY CHAND MOHATAB Vs. KHOKA SINHA

JUDGEMENT

(1.) These two appeals arise out of a suit for rent of a putni taluk Lat Sajnosh held by the defendants at a rent of Rs. 6,928.

(2.) The putni taluk was sold under the provisions of Regulation VIII of 1819 for the arrears of rent for the year 1321 on the 15 May, 1915, and purchased by one Bejoy Krishna Mukherjee. The defendants sued to set aside that sale on the 13 May, 1916. The suit was decreed on the 4 October, 1917, by the trial Court. The sale was set aside and the defendants were held entitled to possession. The defendants actually got possession in Assin 1324 B.S. corresponding to October 1917. There was an appeal by the purchaser but the decree of the trial Court was confirmed by the High Court on the 12 August, 1919.

(3.) The present suit was instituted on the 20 March, 1920. It was originally for rent of 1323, and for the kists up to Falgun 1326 together with cesses. Subsequently on the 4 March, 1921, there was an application for amendment of the plaint, and the arrears of rent for the year 1322 who were included in the claims. There was also an application for amendment in respect of the description of the defendants as shebaits of certain deities who were the owners of the putni. The amendments, were allowed.