MAHARAJA MANINDRA CHANDRA NANDI Vs. JAGANNATH KHAN

JUDGEMENT

(1.) The plaintiff s predecessor-in-interest let the land in suit to one Mr. Martin at the rent of Rs. 40-4 sicca. It consisted of garden and bantu land and it was stipulated that if any of the garden was converted into bantu land, the rent on it should be raised from Rs. 5 to Rs. 10 a bigha. There was also a stipulation for payment of rent on excess land. The plaintiff alleged that the whole land had been converted into bastu, that there was a growing custom that such lands should bear a rent of Rs. 20 a bigha, and asked that the land should be measured and a decree for rent given him at the rate of Rs. 20 a bigha for the area found by measurement.

(2.) The defendant is the present tenant of the land.

(3.) The learned Sub-Judge found that the area had not increased; that the garden land, except an area of 1 bigha 8 cottahs, had been converted into bastu, and gave the plaintiffs a decree in accordance with the rates stipulated in the qabuliat.