AKHJU PANDEY Vs. RAMESHWAR PERSHAD SINGH

JUDGEMENT

(1.) These are a number of appeals both by the landlords and tenants, that is to say appeals and cross-appeals, The actions out of which the appeals arise were actions for rent for the years 1339 to 1342; and although all the tenants were made parties, one of the tenants alone advanced the case that the tenants were entitled to an abatement of rent by reason of the fact that the irrigation system of the village had been neglected and that the land had consequently deteriorated. It, I should think, went without saying that if it were established that the irrigation had been neglected the land would necessarily suffer until proper repairs were effected; and I suppose to that extent, it could not be said that the deterioration was of a permanent character.

(2.) The trial Judge on the plea of the tenant-defendant I have spoken of, allowed an abatement of 8 annas but on appeal to the District Judge that was reduced to 2 annas in the rupee. The learned District Judge advanced many reasons for coming to his conclusion amongst which were the facts that the tenants had not complained until the rent suit had been brought which was a matter of surprise to him if the Commissioner's report could be accepted; and secondly, on his view of the evidence as I understand the judgment, the irrigation system was not quite in the state of disrepair which the trial Judge seemed to think.

(3.) It is abundantly clear to me that in the Court below the main question was whether the tenants were entitled to the 8 annas which had been allowed by the trial Court or not. Perhaps that is the reason why the, Judge did not expressly state any conclusion as to whether the land had deteriorated. But, as I have already stated, if the case is once established that the necessary irrigation scheme had been neglected, it would necessarily follow that the land deteriorated. I see no ground for interfering with the decision of the Judge in. the Court below and I agree with the, reasons which he has advanced for reducing the rent from 8 annas to 2 annas in the rupee. There was hardly anything else which the Judge could have done in the circumstances of the case.