TARAMONEE CHOUDHURANI Vs. SHEIKH ELIM

JUDGEMENT

(1.) The suit out of which this second appeal by the plaintiffs arises was for recovery of rent. The plaintiffs, claimed rent at the rate of Rs. 13-4 per annum as was settled in proceedings under Section 105 of the Bengal Tenancy Act. The defence of the defendants was that the rent payable was at the rate of Rs. 4-13 a year. They denied that there was any proceeding under Section 105 of the Bengal Tenancy Act land also stated that if any order under Section 105 was obtained in secret it was not binding upon them.

(2.) The only issue raised in the case was "Can the plaintiffs recover rent at the rate of Rs. 13- 4". No issue was raised as to the validity or otherwise of the proceedings under Section 105 at all.

(3.) The Court of first instance found that there was no fraud as regards the proceedings under Section 105 and held that the defendant was bound by the order under Section 105 which showed that the rent settled was Rs. 13-4 per annum. The first Court further found that the defendants produced no dakhilas to show that the rent was paid at the rate of Rs. 4-13 as alleged by them. The Trial Court, therefore, gave a decree to the plaintiff for the rent claimed at the rate of Rs. 13-4 per annum. On appeal by the defendant No. 1 the learned Subordinate Judge reversed the decree of the Munsif and gave a decree for rent at the rate of Rs. 4-13.