PROBAT CHANDRA GANGAPADHYA Vs. CHIRAG ALI

JUDGEMENT

(1.) On the 28 Bhadra 1309 the plaintiff, who is the respondent before us, executed a kabuliat in favour of the defendants, the appellants before us, agreeing to pay rent for certain plots of land at the rate of Rs. 39-10. In 1883 the plaintiff or his predecessor in title had executed a kabuliat in favour of the same defendants for the same lands agreeing to pay rent at the rate of Rs. 24-4. The enhancement was, therefore, more than 2 annas in the rupee and contravened the provisions of Clause (b) of Section 29 of the Bengal Tenancy Act.

(2.) The plaintiff asked in the suit for a declaration that the kabuliat executed by him was void, he having executed it under coercion and undue influence, and it having contravened the provisions of Clause (b) of Section 29 of the Bengal Tenancy Act.

(3.) The Lower Appellate Court, without going into the question of coercion and undue influence, has decreed the suit, holding that the rent enhanced was more than two annas in the rupee and the Kabuliat was not binding on the plaintiff.