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1908 Supreme(Cal) 278

COXE, BELL
Ramdhari Koer – Appellant
Versus
Ram Kanta Chowdhury – Respondent


JUDGMENT

1. This is an appeal by the tenants of certain land who have been sued for rent by their landlords on the basis of a compromise effected in a suit some years ago. That suit was brought by one Banku and others, who asserted that they were the tenants of the land, and sued for recovery of possession, making the present appellants and the landlords defendants to the suit. The suit was settled by an arrangement of a nature which is not uncommon, that the present appellants who seem to be the real tenants of the land, should retain possession and should pay certain rent, namely Rs. 61. As the appellants now plead that the rent is Rs. 7-14, it is a fairly safe inference that the rent agreed upon by the compromise was to some extent an enhanced rent.

2. The lower appellate Court has given effect to this compromise and the defendants appeal. The principal argument put forward in their favour is that the former suit related to the title of the land and was not concerned with the rent; and that, therefore, the compromise, inasmuch as it dealt with matters beyond the scope of the suit, is inoperative. We have been referred to a large number of decisions, which deal with the value to be

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