BISESHWAR RAY CHOWDHURY Vs. JUDHISTHIR NATH

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment and decree of the Subordinate Judge, first Court, Baekerganj, varying the decree of the Munsif.

(2.) The suit was brought by the plaintiff to recover certain arrears of rent in respect of a piece of land situate in the limits of a Government khas mahal. The plaintiff obtained from the Government what is known as a settlement of a portion of the land within the khas mahal. That settlement, or lease, expired in the year 1313; and then, in accordance with the usual practice, apparently the Government proceeded to re-settle the property with the tenants, and when that was done they granted a fresh settlement to the plaintiff. The settlement to the defendants, who are the tenants, was for an increased rent, and the tenants were entered on the Record of Rights as tenants of one holding. Now the plaintiff in 1316 instituted against the defendants a suit to recover arrears of rent down to 1313. That suit was decreed; then the present suit was instituted in 1318 to recover rents from the date when the re-settlement with the plaintiff from the Government took place, namely, 1314, down to the date of the suit.

(3.) The Munsif decreed the suit in full.