RAMGOBIND SAHU Vs. MOSO DHOBI

JUDGEMENT

(1.) The plaintiff instituted Bent Suit No. 8230 o? 1933 to recover rent due for the years 1339 to 1342 in respect of certain piece of gairmazrua land in the occupation of the defendants claiming rent at the rate of Rs. 7-2-0 per annum.

(2.) The defence was that the land was rent-free, that they never paid any rent to the maliks nor did the maliks ever realise any such rent. The defence set up has been negatived. The Courts below have given good reasons for holding that it is impossible to believe that the land which is in Dalsinghsarai Bazar should be treated to be rent free upon the materials put forward by the respondents.

(3.) But the Courts below dismissed the suit on the finding that there was no sufficient evidence as to when the land was assessed with rent and how much was the rent payable. It may be remarked that it was not necessary to find out the origin of the tenancy if evidence was sufficient to show the amount of rent payable for this land.