SM GNANA DAYINI DEBI Vs. SMGUNAMONI DASI

JUDGEMENT

(1.) This appeal arises out of a suit brought by the respondents against the appellant for arrears of rent. The plaintiffs-respondents claim rent at the rate of Rs. 133-4 annas odd and cesses at Rs. 15-13 annas odd per year. The rent suit was for the years 1324 to 1327 B.S. The defence of the defendant, now appellant, was that a part of the claim was barred by limitation as the defendant deposited rent for 1324 to Aswin kist 1326 B.S. in Court under Section 61, Bengal Tenancy Act, and the notices of the deposits were served on the plaintiff more than six months before the suit was filed and that consequently the claim for 1324 to Aswin kist 1326 B.S. was barred by the special limitation prescribed by Art. 2 Clause A, Schedule 3, Bengal Tenancy Act, and that the claim for the cesses was excessive.

(2.) The Court of first instance gave effect to the plea of special limitation and dismissed plaintiffs claim for the period 1324 to Aswin kist 1326 B.S. and gave a decree for the subsequent period, i.e., from Kartick 1326 to the end of 1327 B. S. The trial Court also gave a decree for cesses for the year 1324 to the Aswin kist of 1326 B.S. at the rate of Rs. 10-6 annas per annum and for the subsequent period at the rate of Rs. 15-13 annas per annum. He gave a decree for damages at the rate of 25 per cent, per annum on the amount of the claim allowed, i. e., on Rs. 223-9-181/2 gandas and directed that against the claim of Rs. 223 and odd and the damages on the same at the rate of 25 per cent. per annum should be set off the amount deposited for rent from Kartick 1326 to Chaitra 1327 B.S.

(3.) Against this decision an appeal was preferred to the Subordinate Judge of 24-Parganas by the plaintiffs and a cross-appeal was preferred by the defendant. The appeal and the cross- appeal were both dismissed with costs.