KISHAN Vs. HAFIZ SIR MOHD AHMAD SAID KHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated the 22nd March, 1945 of a learned single Judge of this Court.

(2.) THE facts which have given rise to this appeal may be stated shortly. The plaintiff-respondent is the proprietor of a village of which the defendant is a resident. The defendant-appellant is a weaver, being a Koli by caste. The plaintiff-respondent's case was that he was entitled to recover from the defendant-appellant a sum of Rs. 3/- as parjaut for a period of three years. The case as put forward by the plaintiff-respondent was that the defendant-appellant, being a Koli by caste, was carrying on weaving work in the village, that in connection with that work there exists a garha or a loom inside his house and that in accordance with the custom as recorded in the wajib-ul-arz the plaintiff-respondent was entitled to claim a sum of Re. 1/- a year as parjaut for the use of the land on which the garha exists.

(3.) THE suit was resisted by the defendant-appellant on the ground that he was a riaya from the time of, his ancestors, that he had been carrying on weaving business in his residential house, that the riayas in the village pay no rent for their houses and that he was not liable to pay any ground rent, the charge claimed being in the nature of a cess.