BRAJENDRA KUMAR ROY CHOWDHURY Vs. SARAJENDRA NATH SAHA

JUDGEMENT

(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 failed to appear, with the result that the claim was decreed in full ex parte. In the written statement filed the defendants denied liability but did not take any explicit objection to the rate of rent alleged. It further appears that after decree the decretal amount was realised in execution proceedings from the judgment-debtors.