BOISIMO PATRO Vs. TVNCHAKRAVARTY

JUDGEMENT

(1.) These two appeals have been heard together by consent of parties in view of the common question of law involved therein and shall be disposed of by one judgment.

(2.) T.V.N. Chakravarty Pantulu Garu filed one suit for recovery of rent against Baishima Patra and another in respect of one holding and filed another suit against Dandapani Das and another for recovery of rent in respect of another holding. In both the suits the common plea was that the rent claimed was not lawfully payable. The suit giving rise to second Appeal No. 5 of 1941 was decreed in part and the other suit was dismissed by the trial Court. The plaintiff-landlord took up appeals in both the suits. The learned District Judge allowed the appeals decreeing his suit against Baisima Patra and another for 13 annas 10 pies for Fasli 1347 as against defendant 1 and Rs. 5.4 4 for Fasli 1348 with interest as against defendant 2 and remanding the other suit to the trial Court for disposing of the suit in accordance with law after determining the rent that is lawfully payable. The tenant-defendants have preferred these appeals: S.A. No. 5 by Baisima Patra and Akul Das and S.A. No. 25 by Dandapani Das. These appeals have been referred to the Division Bench by Manohar Lall, J.

(3.) In order to set the question of law involved in its proper setting, it is necessary to set out in some detail the facts giving rise to the controversy.