Das, J. - (1.) These seven appeals arise out of suits for recovery of rent and cesses for the period 1349 to 1352 B.S. The Plaintiffs are the Appellants in these appeals. I shall first take up second appeals Nos. 164 and 165 of 1949.
(2.) Appeal from Appellate Decree, No. 164 of 1949, arises out of Rent Appeal No. 124 of 1947 which in its turn arose out of Rent Suit No. 403 of 1946. In this suit for rent there was a dispute as to the amount of rent payable. The landlord's claim was that the rent was payable at the rate of Rs. 74-11-9. The tenants' contention, on the other hand, was that the rate of rent payable was Rs. 68-5-4. The lower appellate Court has accepted the tenants' contention and has come to a finding of fact that the rate of rent payable is Rs. 68-5-4. Mr. Amiya Kumar Mukherjee who has appeared in support of the appeal has contested the propriety of this finding. As the question involved is a pure question of fact it is not permissible for me to upset the finding in a second appeal. This appeal must, therefore, fail and is accordingly dismissed with costs.
(3.) Appeal from Appellate Decree No. 165 of 1949, arises out of Rent Appeal No. 126 of 1947, which in its turn arose out of Rent Suit NO. 416 of 1746. In this suit for rent the landlords claimed rent at the rate of Rs. 20.6.9. The Tenants' contention is that the rent is payable at the rate of Rs. 19.3.6. The lower appellate Court has to a finding adverse to the plaintiff-appellants. The question involved is a question of fact and as such I am unable to upset the finding. This appeal must accordingly fail, but as there is no appearance on behalf of the respondents, there will be no order as to costs in this appeal.;