BANAMALI SAHA Vs. SUBALA DASI

JUDGEMENT

(1.) THESE two appeals, at the instance of the plaintiff are directed against two appellate decrees reversing in one case and modifying in the other the decrees passed by a learned Munsif. S. A. 716 of 1954 is directed against the decree passed in Money Appeal No. 74 of 1953, modifying the decree passed in Money Suit No. 160 of 1952. The claim in that suit was valued at Rs. 17-10-6 p. S. A. 717 of 1954 is directed against the decree passed in Money Appeal No. 73 of 1953, reversing the decree passed in Money Suit No. 159 of 1952. The claim in that suit was laid at Rs. 70/ -.

(2.) ACCORDING to the plaintiff the predecessor-in-interest of the defendant became a tenant under the predecessor-in-interest of the plaintiff and executed a Kabuliat, dated August 3, 1879, in respect of the land in suit measuring 28 of an acre and recorded in C. S. Plot No. 1970 of Khatian No. 1634, Mouza Amta. The rent agreed upon was said to be Rs. 7-3-5 p. per annum. In Money Suit No. 160 of 1952 the plaintiff claimed from the defendants arrears of rent in respect of the disputed property in suit for the years 1357 and 1358 B,s. together with usual cesses and damages and laid his claim at Rs. 17/10/6 p. In Money Suit No. 159 of 1952 the plaintiff claimed damages amounting to Rs. 70/-, being the price of palm trees and tamarind trees said to have been cut down by the defendants in breach of the prohibition contained in the Kabuliat, hereinbefore referred to.

(3.) BOTH the suits were contested by the defendants. They contended that they were not aware of the execution of any Kabuliat by their predecessor-in-interest as alleged and dispute the right of the plaintiff to realise rent. They further contended that their status was that of occupancy-raiyat, in the disputed land. So far as the plaintiff's claim for damages was concerned, the defendants contended that they had a right to cut down and fell the trees, standing on the disputed land by virtue of their status as occupancy-raiyats. So far as the plaintiff's claim for arrears of rent was concerned the defendants disputed the rate of rent as also their liability to pay the cesses. They also raised a plea of payment.