BABU RAJNITI PRASAD SINGH Vs. RAMUDGAR

JUDGEMENT

(1.) This is the landlords appeal. The matter arises out of two actions and the judgment in this case will govern both the actions and also both appeals. Appeal No. 271 of 1935 arises out of an action claiming rent for the years 1337 to 1339 and 12 annas kist of 1340 and in Appeal No. 361 of 1935 rent was claimed for the years 1337 to 1340 Fasli. The substantial question which arose was whether the rent reserved by the kabuliat of 1913 contravened the provisions of Section 29, Bihar Tenancy Act.

(2.) The trial Judge, on the footing of certain authorities to which I shall presently refer, came to the conclusion that the plaintiffs should have judgment for full rent, namely Rs. 20 per bigha in each case. That decision was reversed on appeal to the District Judge who has arrived at the conclusion that the kabuliat did contravene the provisions of the Act. The kabuliat I have referred to was executed by the tenant in 1913 with regard to the bhaoli land already in occupation together with new lands at a rental of Rs. 10 per bigha for a period of seven years and thereafter at a rent of Rs. 20 per bigha. The learned Judge in the Court below has held that the landlords are not entitled to recover rent either at the rate of Rs. 10 per bigha or at the rate of Rs. 20 per bigha, coming to the conclusion in these words: The effect of the kabuliat was that the rent foe the portion previously held by the appellant was enhanced and was subsequently again doubled, but the respondents claimed that the appellant had surrendered his former holding and subsequently took a fresh settlement, with the result that the provisions of the Bihar Tenanoy Act regarding enhancement of rent did not apply.

(3.) The learned Judge then goes on to refer to another issue in the case which was whether the tenants had surrendered their holding. The finding with regard to that matter was against the landlord appellants. Two questions arise: the first is as to the legality of rent at the rate of Rs. 10 per bigha, and secondly the enhanced rent at the rate of Rs. 20 per bigha.