SIBU SANT Vs. NETAI CHARAN DAS

JUDGEMENT

(1.) This was a suit for recovery of bhag dhan and paddy, or the price thereof (Rs. 99), from the defendant on the basis of a kabuliat for the year 1313.

(2.) The defence was that the plaintiff had no right to the lands; that he was the benamidar for one Kumeda Dasi, his daughter, who was the real owner; that the bhag dhan and paddy for 1313 had been delivered to Kumeda Dasi, and that the produce and the price, as claimed in the plaint were excessive.

(3.) The issues settled in the first Court were: first, whether the plaintiff is a mere benamidar for Kumeda Dasi; secondly, if so, whether the plaintiff can claim rent, and, thirdly, whether the amount of the produce and the prices claimed are excessive.