JUDGMENT

Sen, J. - The point for decision in this Rule arises in this way. The Defendants are the landlords of the Plaintiffs; they had certificate powers and took out a certificate against the Plaintiffs, claiming rent from them at the rate of Rs. 9 per annum. The Plaintiffs contended that the rent was Rs. 5 per annum. They succeeded before the Certificate Officer but on appeal the Collector held that the rent payable was Rs. 9 per annum. The Plaintiffs paid the amount decreed and then instituted this suit for a declaration that the rent payable was Rs. 5 per annum and for the recovery of the excess paid by them. The trial Court decreed the Plaintiffs' suit. On appeal the District Judge reversed the decision of the trial Court and dismissed the Plaintiffs' suit. There was an appeal to this Court which was heard by me. I set aside the decree of the District Judge and remanded the appeal for rehearing to the District Judge with certain observations. While the appeal on remand was pending for hearing before the learned Judge, the Defendants discovered that one of the Plaintiffs had died while the appeal was pending in this Court and that the heirs of that Plaintiff had not been substi