MATHURA PRASAD SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree of the 1st Additional Subordinate Judge, Patna, affirming those oi' the Munsit' third Court ol the same place.

(2.) The plaintiff who owned 12-1 annas proprietary interest instituted rent suit 3796 c 1943 in the court of the Munsif, 3rd Court, Patna, for recovery of rent in respect of the lands appertaining to khata No, 920, plots 1491 and 1/7091, having a total area of 1.87 acre situated in village Rampur diara alias Hardj Chapra. The arrear of rent was claimed in respect of 1347' to 1350 Fs. The claim of the plaintiff was that the rent for plot No. 1491 was Rs. 15/15/9 and the rent for plot 1/7091 was to be calculated at the rate of 1./2/- per bigha of the area which came out of water. On this basis the plaintiff claimed Rs. 97/6/- as rental, and Rs. 15/8/- as interest, total Rs. 112/14/-.

(3.) The suit was contested by the defendants. Their case was that the rental of Rs. 15/15/9 was in respect of the entire area of 1.87 acres included in khata No. 920. They pleaded that irrespective of the area of plot No. 1/7091 which came out of water, the total rental oi the khata was never to exceed Rs. 15/15/9. According to their case the rent claimed by the plaintiff was excessive.