JUDGMENT

Rankin, C.J. - In this case, the plaintiffs are the 12 annas cosharer landlords and they bring their suit for vent for 1329 to 1332 B.S. to the extent of their share basing their claim upon the terms of a kabuliat of 23rd November 1905. The terms of that kabuliat are to this effect : the area which is being 13t or settled is 2134 bighas. The tenant states that he had been in possession of that land before from the landlords' predecessor. The rate of rent is 11 annas two and half gandas per bigha and, on the 2134 bighas the jama is Rs. 1483. There is a clause in the kabuliat to this effect:

If it becomes necessary to make any survey from the Government or from your Sarkar,

that is, the landlords:

I shall be present in p3rson and shall cause the survey to be made and I shall pay the costs of survey. If, on measurement, the area be found to be less, I shall get abatement; if there be increase, then I shall pay rent separately at the aforesaid fixed rate.

2. In this case, the first thing that happened was a suit framed u/s 148-A, Ben. Ten. Act, and brought by the four annas landlords in 1918. The present plaintiffs were parties defendants in that suit. But the present plaintiffs