( 1 ) THIS Rule has been obtained by the deft, in a suit for rent. The plff. sued the deft. for rent at the rate of Rs. 9-4-0 per month for the period Kartick 1350 B. S. to Sravan 1352 B. S. She has given the deft, credit for the sum of Rs. 4-14-9 being the amount paid by him.

( 2 ) THE plff's. case is that the deft, is her tenant at the rate of rent stated above and that he has fallen into arrears which she claimed.

( 3 ) THE defence in the written statement was a very elaborate one and I must confess far from convincing. The deft, stated that he borrowed one thousand rupees from the plff's. husband. In order to avoid the provisions of the Bengal Money Lenders Act the wife of the deft. , Surabala, and one Nani bala, the widow of the deft's. brother, executed a fictitious kabala on 17-6-1942 in favour of the plff. for the sum of Rs. 1,000/- transferring the property in respect of which rent is claimed to the plff. One month thereafter the deft. Birendra Nath Roy executed another fictitious document called a Bharapatra stating that he was a tenant under the plff. at a monthly rental of Rs. 9-4-0 for a period of three years. The intention of the parties was that this sum w