SHIAM LAL Vs. MAKHAN LAL

JUDGEMENT

(1.) The suit which has given rise to this appeal was brought by the respondents to recover from the appellant arrears of rent under a lease granted to him on the 8th of August 1898. The defence to the claim was that in consequence of frost the Government granted a remission of revenue and also of the rents of tenants the amount remitted to the latter being Rs. 633-3-10 and that the defendant was, therefore, entitled to a remission proportionate to that amount. It was also urged that he was entitled to a further remission of two sums, namely Rs. 48-8-0 and Rs. 52-8-8 on account of lands acquired by Government. The defendant is the thikadar of the zemindari and claimed these remissions because as he urged the quantity of land in his possession had been reduced by the acquisitions made by Government and also because the rent of his tenants was remitted by Government.

(2.) The Court of first instance allowed a deduction of the amounts claimed by the defendant and made a decree for the balance found to be due.

(3.) On appeal the learned District Judge modified the decree of the Court of first instance and decreed the claim in full.