RAHIMUDDIN KAZI Vs. RADHA GOVINDA BHOUMIK

JUDGEMENT

(1.) This appeal arises out of a rent suit. The landlord claimed the price of (sic) paddy at the rate of eight maunds of paddy par annum, The defendants admitted rent at the rate of Rs. 4 per annum. The first Court dismissed the suit altogether. On appeal by the landlord the learned Subordinate Judge decreed the suit. In disposing of the appeal, the Subordinate Judge admitted a Khatian taken from a recently published Record of Rights (the final publication apparently was made between the date of the Munsif s judgment and the date on which the appeal was heard), and he held that the evidence of the Khatian was enough to turn the scale in favour of the plaintiff.

(2.) Three points are raised before us in second appeal.

(3.) The first is that the Judge was in error in admitting the Khatian at all at that stage. The second is that after having decided to admit it, he ought to have given the defendant an opportunity of producing rebutting evidence, and thirdly, that the Khatian has not been construed properly.