MADAN MOHAN PRASAD SINGH Vs. MTBASO KUER

JUDGEMENT

(1.) The plaintiff-landlord is the appellant and the appeals arise out of two suits for recovery of rents. In the one the plaintiff claimed rent at the rate of Rs. 83-9-18 dams and in the other he claimed at the rate of Rs. 93-4-0. The suit was framed in accordance with the provisions of Section 148A, Bihar Tenancy Act, being co- sharer landlord as the plaintiff is. He impleaded the other co-sharers as parties defendants. The plaintiff claimed for an amount in proportion to his share in the proprietary interest, out of the rents due at the rates mentioned above.

(2.) The tenants defendants pleaded that the rents of the holding had been reduced in a rent reduction proceeding. According to them, the reduced rent in one ease was Rs. 51-9-0 in the place of Rs. 83-9-18 dams and in the other case it was Rs. 81-10-0 in the place of Rs. 93-4-0. In the first mentioned case the reductions were under two different clauses of Section 112A, namely, Section 112A, Sub-section (1), Clause (d) and Section 112A, Sub-section (1), Clause (c-II) and in the other case the reduction was under Section 112A(i)(c-II).

(3.) The learned trial Court gave the plaintiff in each case a decree at the rates claimed and refused to give effect to the reductions as pleaded by the defence on the ground that the Commissioner had cancelled the reductions and in complisnce with the Commissioner's decision the rent reduction schedule as a whole had been can-celled.