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1913 DIGILAW 345 (CAL)

Musammat Gulab Koer v. Ramratan Pande

1913-08-21

body1913
JUDGMENT 1. These two Appeals are second Appeals from the decision of two rent-suits. The Munsif granted decrees for the whole amount claimed in both the suits. These decrees have been modified by the lower Appellate Court and the Plaintiffs have preferred these second Appeals. The learned District Judge has based his decision as to the amount of rent and cesses payable by the Defendants on certain entries in a draft record-of-rights which was published under sec. 103A of the Bengal Tenancy Act. In our opinion these entries were not admissible in evidence. It is not until the record-of-rights is finally published that the presumption of its correctness arises. We accordingly decree this Appeal and modify the decree of the lower Appellate Court. The amount of rent and cesses payable in each suit will be the amount found payable by the first Court. To this amount will be added damages at the rate of 12 per cent., the rate allowed by the District Judge. 2. The Appellants will get their costs in all Courts.