JEONANDAN SINGH Vs. JANKI SINGH

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent arises out of a suit which was instituted under Section 148-A, Bihar Tenancy Act, for recovery of rent for the Fasli years 1337 to 1340 in respect of a holding which originally was contained in khatians Nos. 222 and 921 of the Record of Rights. The defendants-tenants claimed that their holding included a further area of l? acres which they said had been settled with them at a total rental of Rs. 42-14.3.

(2.) In 1923 the landlords instituted a suit claiming produce rent for the area contained in khatians Nos. 222 and 921 which was resisted by the defendants on the ground that they held nine bighas of land at a rental of Rs. 42-14-3, that is to say that their holding at this rent included also 1 1/2 acres out of plot No. 3751 which had been settled with them and that the whole had now been consolidated into one holding.

(3.) The finding in that case was that the tenants occupied a holding of nine bighas at a cash rental of Rs. 42-14-3 and the suit for arrears of produce rent was dismissed. An appeal to the District Judge was dismissed on 28 April 1925. In the present suit the Munsif found that the defendants-tenants had proved as a fact that their area and rental were as they described, apart from the question of whether the matter was made res judicata by the decision in the earlier suit. As the defendants admitted that the money which the plaintiffs claimed was due on account of rent, the Munsif gave a decree which was to have the effect of a mere money decree, allowing to the plaintiffs no damages or costs.