BABURAM MAHTO Vs. GIRISH NANDAN SINGH

JUDGEMENT

(1.) This is a defendants second appeal from the decision of the learned Additional Subordinate Judge of Muzaffarpur modifying that of the Munsif of Sitamarhi in a suit for arrears of rent.

(2.) The plaintiff claimed rent for the years 1348 to 1351 Fasli at the rate of Rs. 44-2-6 in respect of a holding of 6 bighas 2 dhurs in Khata No. 11 of village Jahangirpur. The plaintiff alleged that the original rent of the holding was Rs. 32 and odd which was later on enhanced to Rs. 44 and odd as claimed.

(3.) Defendant 1 filed a separate written statement contending that the holding bore a rental of Rs. 6-8-0 only, and that a moiety share in the holding had been sold to defendant 7 who had been recognized by the landlord who had split up the rents payable in respect of the two portions of the holding separately. Defendants 2, 4 and 5 filed a separate written statement alleging that they had sold their interest to the defendant-second-party, and had, therefore, no connection with the holding in question. Hence, it was contended that the suit as framed was not maintainable, and that, at any rate, the plaintiff had made a very exaggerated claim. The defendants also alleged that, as a result of rent reduction proceedings, the original rent of Rs. 6-8-0 had been raduced to Rs. 6-6-0.