Kolkata Court April 1918 Judgments

Brajendra Kumar Roy Chowdhury and ors. Vs. Sarajendra Nath Saha and or ...

Court: Kolkata

Reported in: 45Ind.Cas.416

1. This appeal arises out of a suit for arrears of rent of a certain Sikmi Taluk. The plaintiffs who are the respondents before us claimed rent at the rate of Rs. 13-14 11 1/2 gandas, while the defendants-appellants contended that the rent annually payable is Rs. 4-0-3 2/3gandas.2. Both Courts have found that the true rent is Rs. 4-0 3/4 gandas, but differing from the Court of first instance the learned Subordinate Judge has held that the decision in a previous rent suit between the parties operate as res judicata and has, therefore, decreed the claim of the plaintiffs-landlords in full.3. The previous rent suit was for the arrears of the years 1312--1314 and of the first 3 kists of the year 1315. In the plaint and also in the account annexed to the plaint the rate of rent was alleged to be Rs. 13-14-ll 1/2 gandas and on this footing a sum of Rs. 52-2-13-2-2 was claimed as the rent due. The defendants, who were recent purchasers of the Sikmi, filed a written statement but subsequently ...