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(1.) This is an appeal against a decision of the District Judge of Mozafferpur in a settlement proceeding.
(2.) The Settlement Officer had, upon the application of certain raiyats, held that their rents should be entered as Rs. 13-6-6 instead of Rs. 29-4-6, as alleged by their landlord. On appeal to the District Judge he held on the authority of the case of Dengu Kazi V/s. Nobin Kissori Chowdhrani (1897) I.L.R. 24 Cal. 462 that the matter was res judicata, as there had previously been a dispute between the parties in the coarse of which, viz., on the 16 December 1896, the rent had been found to be as alleged by the landlords (the respondents before us).
(3.) The raiyat appellants now urge that the matter is not res judicata, as the previous decision of the Settlement Officer was passed in a case under Section 105, and was not passed between the same parties as the parties to the present suit.;
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