JUDGMENT

Nasim Ali, J. - Plaintiff's case is that he is the Zamindar of Taraf Kalia in the District of Jessore. He had a Kutchery in a village called Kalia. Defendant 1 was his Naib in that Kutchery from 18th Pous 1329 to 5th Falgoon 1335 B.S. He was dismissed on 6th Falgoon 1335. He made over all the papers and cash to the plaintiff. On examination of these papers and deducting the amount due to defendant 1 Rs. 1,747-5-9 was found due from defendant 1. The present suit is for the recovery of this amount. The defence of defendant 1 who contested the plaintiff's suit in the Courts below is that nothing was due from him and that he was entitled to get Rs. 1,076 from the plaintiff, namely Rs. 576 for his pay and Rs. 500 which be deposited with the plaintiff at the time when he was appointed Naib. The learned trial Judge dismissed the plaintiff's suit and passed a decree for Rs. 838-15-0 in favour of defendant 1. The plaintiff filed an appeal before the lower appellate Court and defendant 1 filed cross-objections. The plaintiff's suit was dismissed but the amount of the decree in favour of defendant 1 was enhanced to Rs. 865-9-6 by the lower appellate Court. Hence this second appeal by