JUDGMENT

Henderson, J. - The litigation which has now culminated in the present appeal has had an extremely chequered history but it will not be necessary for our present purpose to set out all the facts. Suffice it to say that the suit out of which this appeal has arisen was instituted for the purpose of settling a fair rent for certain lands which have accreted not only to the plaintiff's Zamindary, but also to the tenure of the defendants. The revenue authorities have fixed certain revenue upon it which the plaintiff is bound to pay and the plaintiff now asks that he also should be given an increase of rent from the defendants. But briefly his case is that he is entitled to it under the provisions of the Bengal Tenancy Act. The respondents resist the claim upon three main grounds. Their first contentionis that they are exempted by the terms of the Patta and Kabuliat which were executed when the holding was originally created as long ago as the year 1273. In the second place they contend that they are not liable under the law, and in the third place they contend that the matter has been concluded in their favour and that the question has now become res judicata. The learned Subord