NARESH CHANDRA BASU Vs. HUJJATALI AKON

JUDGEMENT

(1.) This appeal raises a somewhat novel point for our consideration and unfortunately there is no appearance on behalf of the respondents. The plaintiff sued the defendants for rent of a certain nim-howla the rent of which had been settled under Ch. X of the Bengal Tenancy Act.

(2.) The defence was that the land had been totally diluviated.

(3.) The trial Court found that a certain portion of the land had been diluviated and allowed the defendants abatement of rent to the extent of the land diluviated by the river. An appeal against the decree of the first Court was allowed in part and the decree of the first Court was modified to some extent. The lower Appellate Court allowed the defendants abatement of rent for the area which it was found had been diluviated.