GURUDAS SEN Vs. GOBINDA CHANDRA SINHA

JUDGEMENT

(1.) This appeal arises out of a suit for rent based upon a Kabuliyat providing for payment of sash rent as well as Bhag paddy, and the question is whether the plaintiff is entitled to recover the market value of the Bhag paddy or the value thereof as stated in the Kabuliyat.

(2.) The Kabuliyat provides that the tenant would pay four rupees as rent and 91 aris of Bhag paddy, the paddy to be delivered at the house of the lesson in the month of Pous every year according to a certain measure and the cash rent within the course of the year. The Kabuliyat then says: "if I fraudulently do not pay the aforesaid rent and share of paddy, you shall be competent to realize the said rent and Rs. 36 as price of the paddy together with interest and damages by bringing rent suit under the current Act or under any other Act which may some in future, to which I shall raise no objection. To this effect I execute this Kabuliyat for permanently enjoying the land in succession to sons and grandsons." The court below held that the case comes within the scope of the ruling in Afar v. Surja Kumar Ghose 7 Ind. Cas. 842 : 15 C.W.N. 249 : 12 C.L.J. 649 and that the plaintiff was not entitled to the market value of the paddy.

(3.) The plaintiff has appealed to this Court.