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1918 Supreme(Cal) 108

SHAMSUL HUDA, FLETCHER
Rajlakshmi Dasya – Appellant
Versus
Maharaja Bahadur Sir Prodyot Kumar Tagore – Respondent


JUDGMENT

Fletcher, J. - This is an appeal by the defendant against the decision of the learned District Judge of Rungpur, dated the 26th April 1916, reversing the decision of the Munsif of Gaibanda. The plaintiff brought the suit for arrears of rent. The defendant set up the case that he was entitled to a suspension of the rent because he had been ousted by the plaintiff from a portion of the holding. The case went to trial. The Munsif appointed a Civil Court Amin and there seems to have been a considerable body of evidence before the Court. The Munsif held that the plaintiff had dispossessed the defendant of a portion of the land and that, therefore, there ought to be an abatement of the rent. An appeal was then preferred to the Court of the learned District Judge and the learned District Judge came to this conclusion. First of all, he held that the defendant had, in fact, been dispossessed by the plaintiff of these plots of land. But he said that it had not been shown that these plots formed a portion of the jama of Rs. 21 for the rent of which the plaintiff brought the suit. It is said that that point took the defendant by surprise. This case was definitely put in cross-examinati

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