SAJJAD AHAMAD CHOUDHURI Vs. TRAILAKYA NATH CHOUDHURI

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the Subordinate Judge of Murshidabad dated 12 September 1924 which reversed a judgment and decree of the Munsif of Jangipur dated 29 March 1923.

(2.) The appellants brought a suit against the respondents for recovery of arrears of rent, cess and damages for the years 1325 to 1328 B.S. at the rate of Rs. 18-5-9 per year. The main defence of the respondents was that there should be entire suspension of rent as the appellants dispossessed the respondents from 5 bighas 8 cottas of land and that the holding in respect of which the rent suit was brought consisted of 25 bighas odd and was held at a rental of Rs. 15-6-11 gandas. The defence also alleged that there should, in any event, be proportionate reduction of rent.

(3.) The Munsif decreed the suit in part. He allowed the claim for 1325 B.S. at the rate of Rs. 15-6-11 gandas and that of the other years at the rate of Rs. 18-59 in addition to cess and damages at the rate of 12 1/2 per cent.