HARA KISHORE Vs. ISWAR CHANDRA DE

JUDGEMENT

(1.) Appeal No. 378 of 1929 with cross-objections.-- This appeal is directed against the judgment and decree of the Subordinate Judge, Cachar, modifying those of the Munsif of Hailakandi, passed in a suit brought by the plaintiff appellant in this Court, for enhancement of rent and for recovery of rent at the enhanced rate. The plaintiff claimed enhancement at the rate of Rs. 15 per paikast kiar, and the claim so made was on the basis of a kabuliyat, executed on 29 May 1896, containing a stipulation to the effect following: If the Government revenue due on the land is enhanced after the period of the lease, rent can be enhanced after taking into consideration the rate of rent for similar lands with similar rights in the neighbourhood.

(2.) The plaintiff's case was that there was enhancement of the Government revenue in the last survey, and that the prevailing rate of rent of land of similar class was higher than the rate paid by the defendant, and that in view of the great demand for land in the locality, he was entitled to realize rent in respect of the tenancy in question at the rate mentioned in the plaint. The defendant in the suit, the tenant, resisted the plaintiff's claim mainly on the ground that the rate of rent claimed was excessive. There were other questions raised in the defence of the defendant; but a reference to them is not necessary for the purposes of this appeal.

(3.) The trial Court upon the evidence adduced in the case, came to the conclusion that the rate of rent claimed by the plaintiff in the suit did not seem to be exorbitant; and in view of two documents used in evidence on behalf of the plaintiff--one: a decree on compromise, and the other a contested decree in a suit for rent, and on a consideration of all the circumstances of the case, assessed the rate of rent payable by the defendant at Rs. 12 per paikast kiar. Both the parties to the suit appealed against the decision arrived at by the trial Court. The Court of appeal below, reversed the decision of the trial Court, and held that the plaintiff was entitled to realize rent at the rate of Rs. 5 only per kiar.