MAHABIR SINGH Vs. MTBIBI KASIDAN

JUDGEMENT

(1.) THIS appeal is directed against the decree passed by the Courts below in a suit for arrears of rent. The only question in controversy between the parties at this stage is as to whether the tenant-appellant is entitled to agwar. Both the Courts below have taken the view that as the landlord had to seek his remedy in Court, the defendant-tenant is not entitled to claim that right. On that ground alone this relief has been refused to the defendant, but the record of rights records that the tenant is entitled to agwar at the rate of l\ seers in a maund. That concession is given to the tenant as compensation rendered in the matter of watching the crops. The crops have to be watched against the inroads of cattle and human beings. Hence, it is a necessary part of the contract between the parties as recorded in the record of rights. As there is no allegation of any novation of the contract between the landlord and the tenant the contract as recorded in the record of rights must be given effect to. Hence, the appeal is allowed to this extent only. There will be no order as to costs.