RAIMONI DASSI Vs. MATHURA MOHAN DEY

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of ijara rent, based upon an ijara kabuliyat executed by the defendant in favour of the predecessor in intei est of the plaintiffs, whereby the defendant undertook to collect rent of 48 and odd has of lands for three years and agreed to pay to the lessor Rs. 400 a year.

(2.) The defence was that the contract was not completed, as no pottah was granted by the lessor, that the lessor never allowed the defendant to take possession of the lands, that one hal of land (nine plots) which really belonged to the defendant had been fraudulently included in the kabuliyat which was executed with out full knowledge of its contents, and that as the kabuliyat was not corrected the defendant surrendered; the lease, that the kdbuliyat was never acted upon and that the defendant was not, therefore, liable to pay anything.

(3.) The Court of first instance, finding all the above pleas in favour of the defendant, dismissed the suit. On appeal, the lower Appellate Court held, that the registration of the kabuliyat was a sufficient compliance with the provisions of Section 107 of the Transfer of Property Act, that the absence of a pottah does not invalidate the contract, that the kabuliyat was duly executed and there was no fraud or misrepresentation practised on the defendant to secure its execution.