MAHARAJA MANINDRA CHANDRA NANDI Vs. KASHI CHANDRA BAKSHI

JUDGEMENT

(1.) This is an appeal in a suit by the plaintiff landlord to recover arrears of rent for the years 1309 to 1311 on the basis of an annual jama amounting to Rs. 1,005 8 for 1,292 bighas, 6 1/4cottas of land.

(2.) The defence is that the quantity of land in the defendants jote is far in excess of 1,292 bighas, 6 1/4 cottas, namely, that it amounts to 7,517 bighas, 4 cottas. The written statement further asserted that the patta and kabuliats had been exchanged between the parties and that the jotedars defendants were entitled to a considerable reduction of rent on account of diluvion so much so that the annual rental could not be reckoned at more than Rs. 300.

(3.) On the application of the defendants, a Commissioner was appointed, and his report has been accepted in the judgments of both the Courts below; in other words, he found that the defendants jote had suffered very considerable diminution on account of diluvion. Both the lower Courts have given effect to the plea of diluvion and passed a decree in general accordance with the defence.