JUDGMENT

1. These two appeals arise out of two suits for rent which were decreed by the Trial Court but were dismissed on appeal. The suits were for two jamas, one being alleged to bear a rental of Rs. 19-3 and. the other of Rs. 3-3 and the claims were laid on the basis of the said rentals as the plaintiffs had previously obtained decrees at the said rates for the said two jamas. Subsequent to the said decrees the Record of Rights was published in which one jama of Rs. 15-10-5 gundas was recorded for both the holdings. The plaintiff then applied under Sections 10 and 106 of the Bengal Tenancy Act but the applications were dismissed far default. The Munsif dismissed the suits holding that Section 109 of the Bengal Tenancy Act is a bar to the maintainability of the claims The Subordinate Judge has reversed that decision and decreed the suits. Hence these appeals by the defendants.

2. It is contended on the authority of the decision of the Full Bench of this Court in the case of Bechgram Choudhuri v. Puran Chandra Chatterjee 89 Ind. Cas. 637 : 29 C.W.N. 755 : 41 C.L.J. 456 : AIR 1925 Cas. 815 : 52 C. 894 that the suits for rent are foot entertainable by reason of the provisions of Secti