TMI Blog1923 (6) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... 1315 (1904 and 1905) which had been tendered to them. The zamindar demanded asara or varam rates for wet lands. The tenants on the other hand denied the claim of the zamindar, pleading that certain rates had been fixed in fasli 1292 (1882), which were alone recoverable and not the asara or varam rates (produce-sharing system) demanded by the zamindar. The suits were dismissed by the head Assistant Collector, Bezwada Division, finding as a fact that the conversion of the asara rates into cash payment in 1283 fasli, which was confirmed in 1292 iasli, and had been acted upon ever since, was a permanent arrangement, and that the plaintiff (the said zamindar) was not therefore entitled to impose on the tenants pattas on the asara basis. On appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 fasli, were realized in execution. No application was made for stay of trial of any of the suits pending the disposal of the appeal to this Board. The matters for determination in the present consolidated decrees raise questions as to the effect, if any, of the decision of this Board of June 18, 1914, on the subsequent judgments and execution thereunder. 4. On the one hand, on October 2, 1914, the appellants brought the present suits against the respondents, claiming dry cash cist (rent) for dry lands and claiming ambaram (rent in kind, or its equivalent in money) for wet lands, whilst the tenants (respondents) contended that the zamindar was only entitled to dry cash rate on all the lands, and that the order of the Privy Council had s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the suits instituted by the respondents for the refund of rent in consequence of the decision of the Judicial Committee, the Court held that the tenants (respondents), on reversal of the decree of the High Court by the Privy Council, became entitled to recover the rent which they had overpaid in the intermediate suits by reason of this decision, and remanded the suits for disposal according to law. 10. The learned judges of the High Court based their decision mainly, if not altogether, on the authority of a case decided by this Board--namely, Shama Purshad Roy Chowdury v. Hurro Purshad Roy Chowdury 10 Moo. I.A. 203, as interpreted by the majority of the full Bench in Jogesh Chunder Butt v. Kali Churn Dutt I.L.R. 3 C. 30, to be referr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstances, had no power to reverse the decisions of the Subordinate Courts. The facts in the case of Shama Purshad 10 Moo. I.A. 203 were, in their Lordships' opinion, entirely different. In that case the Judicial Committee, in applying the test already quoted--namely, whether the decree or judgment under which the money was originally recovered had been reversed or superseded, were of opinion that it was plainly intended by the Order in Council in that case that all the rights and liabilities of the parties should be dealt with under it, and that it would be in contravention of the order to permit the decrees obtained pending the appeal on which it was made to interfere with this purpose. It was also pointed out that the plaint in wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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