KAMESHWAR SINGH Vs. CHHOTE LAL MODI

JUDGEMENT

(1.) This is plaintiff's appeal against the decision of the Additional Subordinate Judge of Monghyr, reversing that of the Munsif, First Court, Monghyr,

(2.) This appeal arises out of a rent suit brought by the plaintiff-appellant for recovery of mokarrari rent against the respondents. The main dispute between the parties was regarding the rent claimed area.

(3.) In order to appreciate the controversy between the parties, it is necessary to state a few facts: The rent claimed rnokarrari was created by the plaintiff by virtue of registered documents in which the area mentioned was 601 bighas 18 kathas and 16 dhurs. The original mokarraridar was one Bhekhari Modi who died leaving behind his widow Mst. Par-bati Debi and two sons. In the survey record of rights, which took place in 1909, Mst. Par-bati Debi alone was recorded in the khewat in respect of 275.18 acres of land. The sons of Bhekhari Modi, who were also in existence then, were, however, not recorded. It is admitted that 275.18 acres would be equivalent to 657 bighas.