BISESWAR SARKAR Vs. KALI CHARAN ASH

JUDGEMENT

(1.) These three appeals arise out of three suits for rent. The plea of the defendants mainly was that the plaintiffs having dispossessed them from certain portions of their holdings they were entitled to have the entire rent suspended for the years in suit.

(2.) There were previous suits for rent in 1915 for these very holdings. It appears that the defendants in those cases also raised the plea that they had been dispossessed of those very lands which are now in dispute and consequently there should be suspension of rent. The question of suspension of rent was decided against the defendants and it was found in those cases that there had been no dispossession by the landlords.

(3.) The learned Munsif held that the question of suspension of the rent was res judicata. He also held upon the facts that it was not satisfactorily proved that the defendants had been dispossessed from any of the lands. Upon that finding the Munsif passed a decree for the entire amount claimed by the plaintiffs. On appeal by the defendants the learned Judge approached the question of res judicata from the point of view as to whether the defendants were entitled to a proportionate reduction of rent on account of dispossession from portions of the holdings. His view was, following the case of Nil Madhab Sarkar V/s. Brojo Nath Singha 21 C. 236 : 10 Ind. Dec. (N.S.) 789, that the question of the amount of rent payable for a particular period in a suit for rent cannot be held to be res judicata on account of a previous decision as to the amount of rent for a different period. The learned Judge then proceeded to apportion the rent in a certain proportion.