- (1.) This is a petition for revision of a decree for Rs. 300 made in favour of the plaintiff by the Court of Small Causes at Berhampore.
(2.) A suit was brought by the opposite party for recovery of rent of a certain house for the period April 1946 to August 1946 at the rate of Rs. 55 per month and also for the period April and May 1948 at the same rate together with damages amounting to Rs. 34/6. It appears that the petitioners who were the tenants admitted liability for the rent falling due in April and May 1948 and the whole contest between the parties was confined to the liability for rent for the period April 1946 to August 1946. Eventually the learned Small Cause Court Judge held that the petitioners were liable for rent for that period together with a sum of Rs. 25 by way of damages. He accordingly passed a decree as I have said for Rs. 300.
(3.) The petitioners have contended before us that the province of West Bengal was not liable for this rent and that the suit had been improperly decreed against them. The property which was the subject matter of the claim for rent was situate in the Murshidabad district which was allotted on partition to West Bengal. It is the contention of the petitioners before us that the house which was let for the purposes of a hospital served not only persons resident in the Murshidabad district but also persons resident in adjoining districts which fell to Eastern Pakistan on partition. It is to be observed however that the petitioners apparently called no evidence to show that this hospital served any area other than, areas situate in the Murshidabad district. Further it would appear as if the petitioners admitted that the purposes served by this hospital after the partition were exclusively the purposes of West Bengal because the petitioners admitted liability for the rent in April and May 1948 which was of course rent which had accrued due after the partition. I do not think therefore that it can now be alleged by the petitioners that this hospital served any districts other than districts allotted to West Bengal on partition.;