BRIKSH KOERI Vs. AWADH BIHARI LAL

JUDGEMENT

(1.) In Small Cause Court Suit No. 481/ 275 of 1956 the plaintiff claimed thika rent with regard to two Mahua trees and a Mango tree for a period of three years at a jama of Rs. 25.00 for each tree per year, Similarly, in Small Cause Court Suit 490/282 of 1956 the plaintiff claimed thika rent for three years with regard to three mango trees at a jama of Rs. 20.00 for each tree per year from the defendant of that suit. In both the suits the defence was that no lease was taken of the trees. It was also contended that the Kabuliyats, exhibits 1 and 1 (a), upon which the plaintiff relied, were unregistered instruments and so should not have been admitted in evidence in view of the provisions of Section 49 and Section. 17 (1) (d) of the Indian Registration Act. The lower Court rejected the argument of the defendants and gave a decree in favour of the plaintiff for the amount claimed in both the Small Cause Court Suits.

(2.) In support of these two applications the main contention put forward by learned Counsel is that the Small Cause Court has committed an error of law in having taken the two unregistered Kabuliyats, exhibits 1 and 1 (a), into evidence in order to prove the claim for rent of the plaintiff. Exhibit 1, the Kabuliyat, upon which the Small Cause Court Suit No. 481/275 of 1958 is based, is in the following terms :

(3.) The kabuhyat, exhibit 1 (a), relied upon by the plaintiff in Small Cause Court Suit No. 490/282 of 1956, reads as follows:- "Sahi Jagan Koiri Sa: Alinagar tin penr am ka 60.00 sath rupya salana ke hisab se tin 3 sala ka likha wo iske sabut men apne anguthe ka nisan banaya ba: Sant Prasad Misra Ta: 5 Poos San 1360 Fasli., Li: Kabuliyat Jagan Koiri Wald Godhan Koiri Sa. Alinagar Pr. Rohtas Tha, Sasaram Da: Tilothu ke hun. Age Malik Sri Thakur Awadh Bihari Lal Jee Motwalli Prasottam Lal Sa: Sasaram mahale Mahajantoli malik mauza Alinagar ke hain. In se waste torne benchne fal ko tin penr 3 am liya tin sal waste 1360 Fasli se jiska ma!gujari fee darkhat 20/- bis repeya ke hisab se mo: 60/ sath rupe Sri Thakur Jee malik ko 30 Baisakh har san ada kar denge gar adaekari men hila hawala karen to kanun motabik sud kharcha adalat ke dendar honge to hasab zail plot men darkhatan ko apne kabje men dar laenge malgujari kist par ek must ada kar denge is men koi hila hawala nahin karenge is waste yad-dast kabuliyat tin sala likha ke wakt par kam awe waje rahe ke ye darkhatan malik ka hai wo malik ne nasab karaya tha Ta: 5 Poos 1360 Fasli.