SUKUMARI MITRA Vs. KINU MANDAL

JUDGEMENT

(1.) In this case the question arises whether the plaintiff landlord is entitled to an enhancement as against the defendant of the rent of the tenancy. At the trial Court the plaintiff referred to a kabuliat but it was not until the case came before the Court of appeal that the kabuliat was laid before the Court; and in my judgment, the first question before us is to construe this kabuliat and find out what it means.

(2.) There are two clauses which require careful attention. It is quite clear that the tenant held for a jama under the landlord of Rs. 6-8 annas. It is quite clear that the rent had been changed and it is quite clear that the object of this kabuliat is to increase the rent by 14 annas to the sum of Rs. 7-6 annas; and what is stated is that this Rs. 7-6 annas is in respect of about 3 pakhis of land as per boundaries of the different lots given below.

(3.) Now, if the document had stopped there that would have been a very plain case indeed. It would have been as clear a case as could be imagined of a kind that is generally known as a consolidated jama and it would have been quite hopeless for the landlord to expect to get an increase of rent for additional area without proving that the tenant was in occupation beyond the specific boundaries which were there laid down. Now, that is a fact which it seems quite probable was noticed by whoever drew up this document or assented to this document, and a little later in the document, after a reference to different kists, there comes this sentence (the whole dispute in the case to my mind is as to its meaning): when you would measure the lands we shall pay rent, without any objection, for lands found out by your measurement, in accordance with the prevailing rate of tenants holding similar class of lands.