UPENDRA LAL GUPTA Vs. ATAULLA

JUDGEMENT

(1.) This appeal arises out of a suit for rent on the basis of a Kabuliat, dated the 25th August 1884. The Kabuliat after describing the land let out states the Sunder jama as Rs. 21-7 3, the enhanced rent for hadish collection charges Rs. 3-1-0, the total jama being described as Rs. 24-8-3, which together with certain other items which are not in dispute came up to the grand total of Rs. 29-4 0. The total amount of Rs. 29 4-0 is made payable in 4 instalments and the tenant agrees to pay the aforesaid rent according to the tests mentioned above." Then the Kabuliat goes on to say: If we fail to do so, we shall not take any objections to your realising the rent together with interest for breach of instalment at the rate of 1 anna and damages at the rate of 4 annas per rupee per mensem by causing this taluk to be sold by auction twice in the year according to Act VIII of 1819, and by bringing a suit according to the laws that are now or may in future be in force and attaching and selling our moveable and immoveable properties. The jama is assessed at the aforesaid rate after keeping in abeyance 8 annas per Kani from the jama on account of nazar and subscription on the occasions of marriage, puja, namkaran and churakaran, and other ceremonies at the house of the landlord. If we do not pay nazar and subscription on the occasions of marriage, puja, namakaran, churakaran and other ceremonies, we shall not take objection to the adding of the said 8 annas per kani to jama.

(2.) The Courts below disallowed the amount of Rs. 3 on account of hadish as abwab and allowed damages only at 25 per cent.

(3.) The questions raised in the appeal, therefore, are whether the plaintiffs are entitled to recover the said amount of Rs. 31 and whether they are entitled to the interest and damages as stipulated in the Kabuliat.