JUDGMENT

B.K. Mukherjea, J. - This appeal arises out of a suit brought by the original plaintiff Rani Harsha Mukhi, now respondent l, for recovery of rents and cesses including drainage cesses due in respect of a tenure held by the defendants-appellants under the plaintiff and her cosharer. The only dispute was with regard to drainage cesses which were claimed by the plaintiff at the rate of Rupees 121-8-8 per annum for the years 1340 to 1342 less the amount paid and credited. The Administrator General, Bengal (now respondent 2) who as cosharer landlord was made a pro forma defendant, subsequently got himself transferred to the category of a co-plaintiff and laid claim to drainage cesses at the same rate for his share, for the years 1339-1342 B. Section Damages were also claimed by both the plaintiffs. The claim for recovery of drainage cesses was based upon Section 23, Bengal Sanitary Drainage Act (Bengal Act 8 of 189S). This Act has been repealed by the Bengal Agricultural and Sanitary Improvement Act (Bengal Act 6 of 1920); but its operation is saved in the present context by the first proviso to Section 36 of the latter Act. To appreciate the point in controversy between the par