PARBHU NARAIN SINGH Vs. JANG BAHADUR

JUDGEMENT

(1.) The suit which has given rise to this appeal was brought by the plaintiff- appellant for arrears of rent against the defendant respondent a fixed-rate tenant, at the rate of Rs. 62-10-8 a year, in respect of a holding comprising 19 bighas 7 biswas.

(2.) The suit was contested only as regards the rate of rent. According to the defendant, the rent of the holding is only Rs. 44-10-8 which has always been paid by him. The only issue which arose in the case was whether the rent payable by the defendant was Rs. 62-10-8 or Rs. 44-10-8. Both the lower Courts have upheld the defence. Hence this second appeal.

(3.) The case was originally heard by a learned single Judge of this Court, who referred it to a Bench in view of conflicting opinions expressed by the Board of Revenue and a learned Judge of this Court as regards the right construction of the expression "adam vasuli" occurring in the revenue papers in which the rent payable by the defendant is noted as Rs. 62 10-8 but in the column of remarks a sum of Rs. 18 is entered as "adam vasuli."