ORDER

Biswas, J. - This is a rule obtained by the plaintiffs in a suit which was dismissed by the Small Cause Court Judge of Ranaghat. The suit had been originally filed before him sitting as a Munsif in his ordinary jurisdiction, but was afterwards transferred to his Small Cause Court file and disposed of by him in the exercise of his Small Cause Court jurisdiction. The plaintiffs were purchasers of a touji at a sale for arrears of revenue. The sale was held on 27th March 1933, but took e'ffect from 13th January 1933, corresponding to 29th or the last date of Pous, 1339 B.S. Under the touji the defendant held a putni at an annual rent of Rs. 550-3-0. Shortly after the sale, on 1st April 1933, or 18th Chaitra, 1339 B.S., the plaintiffs purported to annul the putni u/s 37 of Act 11 of 1859. The plaintiff's case is that notwithstanding the sale and the annulment, the defendant went on realizing rents from the tenants under him which it is alleged were payable in quarterly kists. Hence the present suit in which they seek to recover from the defendant, cot arrears of rent of the putni which they had annulled, but damages, the damages being claimed in respect of the last two quarters or