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Judgment
This was a suit for produce rent and the learned Subordinate Judge has given the plaintiffs a decree on the admission of the defendants. It may be pointed out that the entire onus was on the defendants to satisfy the Court what was the produce during the years in suit, and it may further be pointed out that the learned Subordinate Judge has disbelieved the evidence of the defendants. But disbelieving the evidence the learned Subordinate Judge has proceeded on the admission of the defendants and has given what I consider a very inadequate decree to the plaintiffs.
Mr. S. M. Mullick appearing on behalf of the tenants agrees that the road cess return should be taken as the basis of the decree. By consent of the parties the plaintiffs will have a decree at the rate of Rs. 262-2-9 per year besides cess. The plaintiffs are also entitled to damages at the rate of 25 per cent. There will be no order for costs in this Court. Interest at 6 per cent per annum will run upon the decree from the date hereof until realization.
Order accordingly.