HEM CHANDRA JELIA Vs. SATYA KINKAR SEN

JUDGEMENT

(1.) The question involved in this appeal is whether the plaintiff is entitled to the market value of the paddy and straw reserved as rent in a kabuliyat, or to the price of the same stated in it.

(2.) The material portion of the kabuliyat is as follows: "I having prayed to you for being granted a Permanent Settlement of about 7 bighas of land comprising jore, hasil and patit and described in the boundaries given in the Schedule out of the same and which is held in khas by you, you have been pleased to grant me in accordance with my prayer a Permanent Settlement at a jama of 10 (ten) maps of sanja paddy, measured with a Rajhati pai of full measure, (the price where of is Rs. 50) and 10 (ten) pons of straw (the price whereof is Rs. 2) at a jama of the said sanja paddy, etc., the total price being Rs. 52 per annum. Accordingly I give in writing this kabuliyat that I shall deliver the said sanja paddy and straw without variation every year in the month of Magh, to you and later on to your heirs and representatives and shall make the patit (fallow) lands culturable and cultivate the same along with the hasil (culturable) land in khas or have the same cultivated by letting out to tenants and shall go on holding and enjoying the same with great facility for ever down to my sons, son's sons and so on in succession. If I make any default in delivering the sanja paddy, then I shall deliver bari (addition) of 2 (two) salis of paddy for every map per every year. I shall not get any remission of the stipulated sanja on the grounds of drought, inundation and sand-drift and so forth. On no account there shall ever be any reduction or enhancement of the land and jama aforesaid" The learned District Judge held that the plaintiffs were entitled to the market value of paddy and straw. The defendant has appealed to this Court and it is contended that the plaintiffs are entitled only to the price of the paddy as mentioned in the kabuliyat.

(3.) Looking to the terms of the kabuliyat there can be no doubt that the rent stipulated to be paid was a sanja rent (paddy and straw). A Settlement was made of the 7 bighas of laud at a jama of 10 maps of paddy (measured with a certain measure) and ten pons of straw, the tenant agreed to deliver the sanja paddy and straw without variation in the month of Magh every year, and to pay bari (addition i.e., interest) at the rate of 2 salis for every map every year. There was to be no reduction of enhancement of the said jama. It is truth the price of the paddy is stated to be Rs. 50 and that of straw Rs. 2 total Rs. 52. But nowhere is it provided that on default of delivery of the paddy and straw the tenant would pay Rs. 52 as rent or that the landlord would realise the said sum of Rs. 52 as rent. Then again in default of payment of the paddy and straw in the month of Magh, the tenant is to pay bari (addition by way of interest) at 2 salis per map. No price is stated of the same, and although the price may be worked out, the kabuliyat doesnot state either that Rs. 52 was payable for the sanja rent or any money was payable for the bari.