Lakshmikanta Jha, C. J.

1. This is an appeal under the Letters Patent by deft.1 from the judgment of Shearer, J. It arises out of a suit for recovery of cash rent for the years 1350 to 1353 Fasli. The rent was claimed at the rate of Rs.229/1.00 per year. The courts below decreed the suit and on second appeal to this Court the decrees of the courts below have been affirmed.

2. The facts relevant to the point for decision are as follows: Originally the defts. were bhaoli tenants and the rent was payable wholly in kind. They applied for commutation of rent under Sec.40, Bihar Tenancy Act, and Rent Commutation officer fixed the rent at Rs.179/5/-. In the rent commutation proceedings all the landlords were impleaded and the order was passed in the presence of the 16 annas landlords. Only the plffs. who are 6 annas co-sharer landlords, appealed against the order of the Rent Commutation officer to the Collector under Sec.40, Clause (6), Bihar Tenancy Act, without impleading the remaining 10 annas co-sharer landlords in the appeal. The Collector set aside the order of the Rent Commutation Officer and fixed the rent at Rs.229/1.00 by his order dated 7-2-1945. While the appeal was pe