GOLAK BIHARI BHOWMIK, MINOR BY HIS FATHER AND NEXT FRIEND BENODEBEHARI BHOWMIK Vs. HON BLE MAHARAJA MANINDRA CHANDRA NANDI BAHADUR

JUDGEMENT

(1.) These cases were remanded to the lower Appellate Court and that Court was directed to decide the question whether the stipulation in the kabuliyat to pay the full rent after the expiry of the lease was intended to be acted upon, or whether there was a waiver of the stipulation after the expiry of the lease.

(2.) That question has been gone into by the lower Appellate Court and it has some to the finding that it was intended to be asked upon.

(3.) It is contended before us on behalf of the defendant-appellant that the learned District Judge in arriving at that finding has pro-seeded upon the view that the realisation of rents at the reduced rate for a long period of time cannont by itself show that the landlord at the time be accepted the kabuliyats never intended to enforce his right to receive rent at the full rate after the expiration of the term of the lease. This, the learned Pleader for the appellant say?, indicates that, in the opinion of the learned Judge, it was not independent evidence on the question of intention. But just in the previous passage, the learned Judge says: "The fact that there had been no realisation or attempt at realization of the full rent was undoubtedly a piece of evidence having considerable bearing upon the question whether or not the stipulations in the kabuliyat were from the first intended to be acted upon."