Judgement

Consolidated Appeals (No. ii of 1940) from two decrees of the High Court (July 27 and 29, 1938) which reversed two decrees of the Subordinate Judge of Nadia (September 17, 1935).

The following facts are taken from the judgment of the Judicial Committee. This consolidated appeal arose out of two suits instituted by the appellants, claiming arrears of rent from the respondents for two successive periods of three years in respect of land belonging to Touzi No. 3653 of the Murshidabad Collectorate. The appellants were the proprietors of Touzi No. 523 of the Murshidabad Collectorate, and the respondents held a patni taluk comprising some villages in that estate under a patni patta executed by the appellants predecessors in interest in favour of the respondents predecessors on November 5, 1866, at a rent fixed in perpetuity of Rs.5483-5-11 per year (The patta provided (inter alia) that " Profits and losses in consequence of drought or inundation, death, abandonment, waste, desertion, production or " non-production, destruction by insects, deposit of sand, payment or non-payment, possession or dispossession, alluvion and diluvion, etc., shall be yours, never on any account whats