MULLUK CHAND DAS Vs. SATISH CHANDRA DAS

JUDGEMENT

(1.) This is an appeal on behalf of the defendants in an action for rent-The plaintiffs- respondents claimed rent in respect of an area of 10 kanis 19 gundas and 18 tils for which, they alleged in their plaint, the defendants were liable to pay (at the rate of Its. 10-8 per kani) an annual rent of Rs. 115-4 and cesses. The defendants resisted the claim, substantially on the grounds, namely, first that they were liable to pay rent, not at the rate claimed, but at the rate of Rs. 99-12 annas per year under a registered kabuliat executed on the 4 June 1894, and secondly, that they had paid rent up to the year 1312 at the rate of Rs. 99-12.

(2.) In the Court of first instance the plaintiffs appear to have attempted to prove that the lands in respect of which rent was claimed were comprised in four tenancies and in order to establish this they called upon the defendants to produce their rent-receipts which showed that the rent of Rs. 115-4 had been paid in different sums, in respect of four distinct areas the aggregate whereof amounted to 10 k. 19 g. 10 tils. The defendants thereupon objected that the suit was not maintainable, as the plaintiff ought to have instituted different actions for rent of different tenancies. This objection prevailed, and the suit was dismissed.

(3.) Upon appeal by the plaintiffs, the learned District Judge held in new of the decision in Hridoy Nath Das Chowdhury V/s. Krishna Prasad Sircar 11 C.W.N. 497 : 34 C. 298 : 6 C.L.J 153 that they were entitled to maintain a single suit for recovery of rent of different tenancies held by the same tenants. On the merits he held that rent was payable at the rate alleged by the plaintiffs, and, accordingly, made a decree in favour of the plaintiffs allowing the defendants, credit for rent paid in respect of the year 1311 and part of 1312.