DURGA PRASAD SINGH Vs. RAJENDRA NARAYAN BAGCHI

JUDGEMENT

(1.) THIS is an appeal by Raja Durga Prasad Singh, the plaintiff, from a decree, dated August 26, 1909, of the High Court at Calcutta, which varied a decree, dated April 27, 1907, of the Subordinate Judge of Manbhum in a suit for arrears of rent, cesses, and interest, which was brought on August 15, 1906, in the Court of the Subordinate Judge of Manbhum, upon a mukarrari kabuliyat of December 8, 1894.

(2.) THE kabuliyat was executed by Rajendra Narayan Bagchi, now dead, who, with others who derived title through him, was a defendant to the suit. The patta, corresponding to the kabuliyat, was executed by Raja Jaimangal Singh, now dead, the original lessor, whose interest vested before suit in the plaintiff. In the kabuliyat, Rajendra Narayan Bagchi acknowledged having received from Raja Jaimangal Singh a patta corresponding to the kabuliyat, and stated that "On the agreement that the heirs and representatives of both of us, yourself and myself, shall be bound by all the terms and conditions of the patta and this kabuliyat, I execute this mukarrari maurusi kabuliyat." The patta has not been put in evidence in this suit, but it has not been suggested by either side that it differs in any material respect from the kabuliyat or that anything turns upon the construction of the patta.

(3.) THE schedule which is referred to in the kabuliyat is as follows: