High Courts(1897) 07 CAL CK 0044

Nekejaie vs Nanda Dulal Bamke(sic) and Others

Calcutta High Court · Decided on 30 July 1897

RESULT
Dismissed
CASE NUMBER
Appeal No. 303 of 1896

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Judgment

1 paragraphs · 135 words
1.

We must hold in these two cases that no appeal lies. There was certainly a question as to the amount of rent actually payable by the Defendants, but the Subordinate Judge has not, is our opinion, determined what that rent was. His judgment on this point is this :-- "The Plaintiffs have no reliable evidence to entitle them to decrees at the rates of rent claimed. They will recover arrears at the rates admitted by the Defendants." That is not a determination of the annual rent payable, and the Subordinate Judge, we think, proceeded on the Defendants'' admission to decree the amount which was payable for the particular years, in respect of which the rent was claimed. The appeals are dismissed, No. 303 with costs, and No, 304 without costs, the Respondent not appealing.