RAM KISHORE SINGH Vs. RAGHUBIR

JUDGEMENT

(1.) This is an appeal by the plaintiffs against a decree of the lower appellate Court to the effect that the rent due to the plaintiffs from the defendants is at the rate of Rs. 34-10-4 per annum and not at Rs. 54 as found by the Assistant Collector. The facts which are proved are as follows:

(2.) In Fasli 1318 the plaintiffs obtained a decree of ejectment against Angnu, father of Rahgubir, respondent 1. The lower appellate Court has found that after this ejectment the plaintiffs came to terms With Raghubir and treated him as a tenant. The entry in the khatauni for the rent of the holding was changed after the ejectment from Rs. 34-10-4 to Rs 54 per annum. It is also found that for the year Fasli 1319 the defendant paid rent at this rate and a receipt, paper No. 31-A, of the file 10081-47 of 1923, was produced. The Court of first instance found that the plaintiff and Raghubir had agreed that rent should be fixed at Rs. 54 per annum after ejectment. The lower appellate Court considered that a registered agreement was necessary to change the rate of rent. A person against whom a decree for ejectment is obtained but who continues nevertheless with the zemindar's permission to cultivate the land as a tenant cannot be considered to have originated a new tenancy as from the date of the ejectment decree or even as from the date of formal giving over of possession and hence the enhancement of the rent of such a person has to be by a registered agreement. Mere payment in one harvest of rent demanded at an illegal rate does not legalize such rent.

(3.) The learned District Judge has not referred to any section of Act 2 of 1901 for the propositions which he lays down.