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14. Finally it is argued that the defendants are entitled to a deduction from the rent on the ground that a portion of the property leased by the patni was a shikmi taluk. The estate in which it was included was sold for arrears of revenue in 1903, and the shikmi taluk was annulled. It was said on the other side that this revenue-sale was fraudulent, but as this point was not taken in the Court below and as a plea of fraud ought always to be made in the clearest and most definite manner, we did not allow this objection to be taken in this Court. Now, the evidence on this point leaves little doubt of the facts. The Nawab of Dacca, Sir Salimullah, is a gentleman whose evidence can be unreservedly accepted. He says that he gave the proprietors of the shikmi verbal notice. Afterwards a proposal was made to him at Calcutta for the payment of the rent, which clearly meant the continued recognition of the shikmi, but he refused it point blank. Subsequently in 1907, or 1908, he did take the rent and gave a receipt. The receipt is produced, and recites that the tenures have not been annulled and that the rent has been received. This receipt is dated the 10th June 1907, but we feel some difficulty in accepting this date. Sir Salimullah says that the receipt was read over to him, but it is difficult to feel certain that the date was mentioned in such a way as to attract his attention. The difficulty is caused by the fact that the plaintiff has filed a letter from the appellant dated the 30th June, and it is clear from that letter that on the 30th June the appellant, who would certainly have known the facts, thought that no receipt has been granted. One passage in the letter runs: "If you will write a letter to the Nawab Bahadur--pressing him to finish the transaction, which he has virtually finished, by granting the receipt--I hope every other thing will be finished satisfactorily." The letter shows that the writer hardly ever uses commas, preferring to use dashers where most people use commas, and the words between commas in the above abstract are clearly parenthetical. The importance of the date lies in the fact that the Nawab's estate was taken over by the Court of Wards two or three months later, after which time he could not have either annulled or recognised the tenure. Sir Sailmullah's statement that he thinks that the receipt was given some time in 1907-08 thus becomes somewhat significant.

15. Now, evidence is given, which is not in any way rebutted, that possession of the lands of these shikmis was taken in 1903, and the rent thereafter collected direct from the cultivators. This fact, taken with Sir Salimullah's statement that he gave the proprietors verbal notice, shows that the shikmis were annulled in 1903, and it is very doubtful whether they could be re-created in 1907 by a mere recital in a receipt, at any rate to the prejudice of the putnidars under the shikmi, who must have been prevented from collecting their rents. We think, therefore, that the appellant might fairly ask for a reduction of his rent proportionate to the property of which he has been deprived. It is not necessary, however, to say more than this in the view that we take of the whole case.