JOGESHWAR SINGH Vs. RAMOO SINGH

JUDGEMENT

(1.) This is an appeal on behalf of the defendant in a rent suit. The plaintiff sued for rent of two holdings, one of 3 bighas and odd at a rent of Rs. 11-11 and the other of 5 bighas and odd at a rent payable in kind, 30 mounds 10 seers paddy. The Record of Rights was in favour of the defendants, but it has been held that the evidence as to the rate of rent produced by the plaintiff has met the presumption in the Record of Rights and established the rate as the plaintiff alleged.

(2.) The points of law taken on behalf of the appellant are four in number. The first is that the plaintiff is precluded from suing and recovering the rent claimed by virtue of Section 20 of the Road Cess Act. Secondly, the appellant objects that the kabuliyat which was produced was not evidence. Thirdly, he says that the lands were not identified, and fourthly, he Says that there was a plea of payment as to the rent for the year 1915, and that point has not been dealt with in the lower Appellate Court.

(3.) [The last three points deal with questions of fact and are not material for the report.]