P.N.Mookehjee, J. - (1.) These two appeals arise out of a suit for (Renk Suit No. 15 of 1945) and a proceeding for certification of payment in a previous Rent Suit No. 3 1942 of the Court of the Subordinate Judge of Berhampore. Both the Rent Suits were in respect of a Patni, held by the respondents under the appellant Maharaja who was the zemindar or the holder of the superior interest. The Patni was created in the year 1292 B.S. The relevant kabuliyat is dated 31st Bhadra of that year and it was executed by the original Patnid3r Kunja Behari Ghosh in favour of the appellant's predecessor. The Patni eventually passed in the hands of Robert Watson & Co. who executed an Ekrarnama (Agree-merit) in favour of the zemindar landlord on 6-4-1897. The respondents are the present owners in possession of the above Patni which still continues to be recorded in the landlord's sherista in the name of Robert Watson & Co.
(2.) In the Patni Kabuliyat the rent is stated to be Rs. 4,055/5/- per annum. In the Ekrarnama, however, there is reference to realisation of rent at the rate of Rs. 3805/5/- per annum which also appears to be the recorded rent in the relevant Settlement Records. This discrepancy in the amount of the annual Patni jama in the different documents, referred to above, led to a dispute between the parties but it has now been finally settled by this Court in the Appeal from Original Decree No. 280 of 19-13 which came up to it from the previous Rent Suit No. 3 of 1942 between the parties, mentioned in the preceding paragraph, that the annual Jama of the disputed Patni is Rs. 4055/5/- as stated in the Kabuliyat and that controversy must now be deemed to have been closed.
(3.) In First Appeal No. 108 of 1951, which arises out of the present Rent Suit No. 15 of 1945, the only Question is whether the landlord's claim for rent for 1313 B.S. up to the Poush kist of that year in respect of the disputed Patni is barred by Order 2, Rule 2, Civil P. C. and, in the certification proceeding, which has given rise to the other or the Miscellaneous Appeal, namely, F.M.A. No. 45 of 1951, the parties fought over the propriety of the appellant landlord's appropriation of a payment of Rs. 5,200/- towards the rent of the said year 1348 B.S., the tenants petitioners contending for its appropriation towards the landlord-decree-holder's decretal dues in Rent Suit No. 3 of 1942.;