KAILASH CHANDRA GHOSH Vs. HAMID ALI

JUDGEMENT

(1.) In the suit out of which this appeal has arisen the plaintiff sued for rent for two years, 1281 and 1882 M.E. at the rate of 78 aris of paddy. He valued the paddy at 1 1/4 aris per rupee and laid his claim at Rs. 160-14. The contention of the defendant was that the jama was a money one of Rs. 39 only and that that was taken as the fixed price of 78 aris of paddy.

(2.) The first Court decreed the plaintiff's suit in full holding that the plaintiff was entitled to get the price of 71 aris of paddy a year at the rate of 1? aris per rupee. The defendant appealed to the District Court and the learned District Judge held on a construction of the kabuliyat that the plaintiff was not entitled to recover rent at more than Rs. 39 per annum with cess and damages at 25 per cent.

(3.) The plaintiff has appealed to this Court and the contention he puts forward is that he is entitled on a proper construction of the kabuliyat to recover rent at the rate of 78 aris of paddy a year at the present market rate. It will be seen that this case depends entirely on the proper construction of the kabuliyat. There are a number of decisions of this Court in which similar cases have been dealt with. It may be taken that the consensus opinions of the learned Judges who decided those cases is that each case depends upon the particular terms of the particular kabuliyat and that no hard and fast rule can be laid down in these cases. Therefore, it would serve no useful purpose to refer to any of the numerous decisions on the point. The kabuliyat states as follows: As you have executed istamrari kabuliyat for bhag paddy and have prayed for getting patta, I do execute this patta, that in lieu of the prica of Rs. 39 per year as decribed above with respect to the laid you would be liable to deliver within the moth of Magh every year at my house 78 aria of paddy.