G. N. DAS, J. :- This appeal is at the instance of the defendant in a suit for recovery of arrears of rent limited in the course of the trial to a claim for the year 1344 B.S. The facts are not in controversy and may be briefly stated as follows : The defendant held a putni taluk in respect of lands appertaining to touzi No. 523 under the plaintiffs. In the year 1914 the lands which are the subject-matter of this suit for rent accreted to the parent touzi No. 523 and were formed into a temporary settled estate bearing touzi No. 3653. In the record of rights finally published under part II Chap. X, Bengal Tenancy Act a sum of Rs. 1028-2-0 was settled as the rent payable in respect of the accreted lands. Two suits for rent were instituted by the plaintiffs for recovery of rent for two successive periods, namely 1328 to 1331 B.S. and 1332 to 1335 B.S. These suits for rent were ultimately dismissed by this Court in second appeal on the ground that no additional rent was payable in respect of the lands in suit. The decision of this Court was pronounced on 29th July 1938 and is reported in Midnapore Zemindari Co. v. Chandra Singha, 68 CLJ 305 : (AIR (26) 1939 Cal 1). Against t