JUDGMENT

Nasim Ali, J. - This second appeal arises out of a suit for recovery of arrears of rent. The defendants took settlement of 16 bighas 15 cottas 9 chittaks of land in the district of Outcher (a temporarily settled district in the Province of Assam) from the plaintiffs by executing a registered kabuliat on 10th Bhadra 1341 B.S., corresponding to 27th August 1934, for 15 years at an annual rent of Rs. 70. The Assam (Temporarily Settled Districts)Tenancy Act, 1935, came into force on 1st March 1937. On 26th July 1939, the plaintiffs instituted the present suit for recovery of arrears of rent from 1341 to 1345 B.S. at the stipulated rate of rs. 70 per year. The defence of the tenants is that they are not liable to pay more than Rs. 7-8-0 per year i. e., five times the annual revenue of the disputed lands in view of the provisions of Section 44 read with Section 3 (17) of the Assam (Temporarily Settled Districts) Tenancy Act, 1935. The Munsif held that the plaintiffs are entitled to recover rent at the rate of its. 70 per year for 1341 and 1342 B.S. and at the rate of Rs. 7-8-0 par year for 1843, 1344 and 1345 B.S. Two appeals were preferred before the lower appellate Court one by