OFFICIAL TRUSTEE OF BENGAL AND AS SUCH TRUSTEE TO THE ESTATE OF THE LATE MANIK LAL SEAL Vs. ADHAR BERA

JUDGEMENT

(1.) The facts of the case out of which this appeal has arisen are these. This suit was tried along with two other suits. The suit is one for rent brought by the landlord against six persons. These persons are the heirs of one Broja Mohan Bera, who is now dead and with whom the original settlement was made. The case of the plaintiff was that the rent of the plaint land was Rs. 103-8-2.

(2.) The case of the defendants was that the rent was Rs. 54-8-6 and that they were entitled to a remission of some Rs. 6-6-8 for Mamulchar for some of the plaint lands and that the rent of remaining plaint: lands was Rs. 38-8-5. They further claimed that they were entitled to an abatement of rent as the area was less than had been stated in the plaint.

(3.) The first Court allowed the claim of the defendants with regard to an abatement for decrease in area; it did not allow the claim of Mamulchar, and gave the landlord a modified decree. Both parties appealed to the District Court; the plaintiff on the ground that the defendants were not entitled to any reduction of rent for decrease in area, and the defendants on the ground that they were entitled to Mamulchar.