BADRI PRASAD Vs. SOHANLAL

JUDGEMENT

(1.) THIS is an appeal against the order of the Additional Commissioner, Jaipur dated 16-8-60. The brief facts of the case are that the ancestors of appellant purchased the land in dispute on Maha Badi 8, Samvat 1944 i. e. on 6-1-1888 and since then they are paying no land revenue of the said land to the State. The plaintiff Badri Parsad let out the land through a registered kabuliat to Sohanlal and Debisahai defendant-respondents on 24-5-49 @rs. 400/- per annum for a period of five years with the stipulation that the rent shall be payable half-yearly. When the rent was not paid by the defendant-respondents the plaintiff-appellant filed a suit in the court of the Sub-Divisional Officer, Alwar on 25-5-55 for Rs. 680/- at follows: Rent of Rabi Smt. 2010 Rs. 200 Rent of Kharif Smt. 2011 Rs. 200 Rent of Rabi Smt. 2011 Rs. 200 Interest @ Rs. 2/- per cent per month. . . Rs. 80 Rs. 680

(2.) THE suit was decreed by the trial court on 13-11-57 for Rs. 600/- as rent plus Rs. 20/-as interest. THE defendant-respondents preferred an appeal before the Additional Commissioner against the decree of the trial court dated 13-11-57 which was rejected on 12-7-58. THE defendant-respondents then filed a second appeal before the Board of Revenue which was decided on 25-7-59 and the case was remanded to the Trial Court of Sub-Divisional Officer, Alwar with the direction to frame an issue whether sec. 3 and 4 of the Rajasthan Agricultural Rent Control Act were applicable to the case and to try and decide the case afresh in accordance with law. THE trial court tried the case afresh and decreed the suit of the plaintiff for recovery of rent at agreed rate at rent and disallowed the interest vide his judgment and decree dated 13-6-60. In cross-appeals by both the parties, the Additional Commissioner, II, Jaipur modified the decree to Rs. 241/-5/-, vide his order dated 16-8-60.