RAM SINGAR PRASAD Vs. BACHA PRASAD

JUDGEMENT

(1.) THIS appeal by the defendants has been filed against the judgment and decree dated 28.08.1991 passed by Additional District Judge III, Gopalganj in Rent Appeal No. 01/76 affirming the judgment and decree dated 16.02.1976 passed by Munsif, Gopalganj in Rent Suit No.04/72.

(2.) THE Rent Suit No.04/72 was filed for recovery of Rs. 530/ - as rent. The plaintiffs have come out with the case that the defendants have been Sikmidars over the lands of Khata No.7 and Khata No.19 over an area of 1 Bigha, 9 Katha, 12 Dhurs and 1 Bigha, 12 Katha respectively prior to its purchase by the plaintiffs and they had been paying rent to the vendors of the plaintiffs and the rent was being paid by way of Manhoonda . The refusal by the defendants to pay Manhoonda for the year 1377 -78 Fasli has led the plaintiffs to file the suit and the prayer has been made for recovery of Rs. 530/ - as rent.

(3.) THE defendants in the written statement have admitted that they are Sikmidar over the land purchased by the plaintiffs. They have further accepted that they have been paying rent in cash and not by way of Manhoonda . The defendants have also expressed their readiness to pay the rent for the years as claimed by the plaintiffs.