JUDGMENT

Suhrawardy, J. - These three appeals arise out of three rent suits in respect of three holdings which the plaintiff has purchased from the heirs of the holder of a patni tenure. The defendant pleaded that the areas of the holdings and the rents were not correctly described. The plaintiff accepted the defendants' statement as the amount of the jamas and the suits were decreed by the first Court accordingly. The defendants appealed to the District Judge on the ground that the plaintiff should not have been allowed to amend her plaint and that the suits ought to have been dismissed. The learned Judge, while dismissing the appeals, gave effect to a plea not taken in the grounds of appeal before him or raised in the first Court, viz., that the plaintiff was not entitled to recover the rent claimed u/s 16, Ben. Ten. Act as she had not observed the procedure as laid down u/s 15, of the Act. The learned Judge, in dismissing the defendants' appeal, added a rider that the plaintiff must get herself recognized by the landlord within a month, on failure of which her suits would stand dismissed.

2. The plaintiff has appealed and has also filed petitions in revision in case no appeal lay