NABIN CHANDRA ROY Vs. RAJENDRA KUMAR NAG CHOUDHURY

JUDGEMENT

(1.) This appeal has arisen out of a suit for recovery of rent for the years 1334 to 1338 at the rate of Rs. 16 per annum on the basis of a registered kabuliyat together with damages at the rate of 25 per cent on the rent due. The suit was contested on the ground that the plaintiffs had not put the defendants into possession of the land which was leased to them, and that the plaintiffs were not the sole landlords having only an eight annas share, a fact which was concealed from the defendants at the time when the kabuliyat was executed. The trial Court dismissed the suit on the ground that the defendants had not been put into possession of the land. On appeal, the learned District Judge decreed the suit. The kabuliyat on which the suit is based states that the holding in question which was described therein as "owned and possessed by me, namely, the lessor, is mourashi right" and the lessee says: I, having applied for taking a permanent patni settlement and you having agreed to grant the same, I, do hereby take from you this permanent Mokurari Patni Patta to the following effect.

(2.) The deed continues: We have been owners possessing the aforesaid land with other lands since the time of our ancestors in Maliki right. Your having applied for taking a permanent Patni Settlement of the aforesaid land; we have agreed to grant your prayer, and we having received in cash to-day from you Rs. 225 as Nazarana in respect of the 4 Kedars of land described in the schedule below and after having accepted the kabuliyat executed by you grant this permanent patta fixing the annual kaimi rent at Rs. 16.

(3.) The document goes on to state: You shall be entitled to own and possess the aforesaid patni right and shall be entitled to make gifts, sales, grant leases and make all sorts of transfers. You, your heirs, representatives and successors in interest shall be entitled to own and possess the patni by exercising all sorts of rights such as rights of digging ditches and pools, constructing pucca houses and pucca walls and by cutting the trees and by burning bricks, etc.