C. P. Sinha, J. - These two sets of second appeals arise out of suits for bhauli rent and have been heard together because they were referred to a Division Bench and were ordered to be heard together, as they involved common question of law. These appeals were accordingly heard together and are being disposed of by this judgment. In second appeals Nos. 343 to 347 of 1948, the claim for bhauli rent was for the years 1352 and 1353Fs. There was plea of payment in each of the suits which gave rise to these appeals. The quantity and kinds of produce were also challenged. The first Court decreed the suits in part with proportionate costs by its judgment dated 15-4-1947. There were appeals to the lower appellate Court and the appeals were dismissed with costs on 15-12-1947. The second appeals to this Court were filed in the year 1948. After the institution of the rent suits, the tenants defendants had made applications for commutation of their bhauli rent into nakdi, under the provisions of S. 40, Bihar Tenancy Act, before the Revenue Court. The commutation proceedings came to an end on 20-3-1950 and the rents of the holdings in suit were commuted into nakdi. According to the ord