KALIKESH CHANDRA CHATIOPA DHYA Vs. JAHARULLAH MANDAL SARKAR

JUDGEMENT

(1.) This appeal arises out of a suit for rent based, upon a kabuliyat.

(2.) The kabuliyat was for a term of 10 years. It was stated in the kabuliyat that the rent was fixed at Rs. 76 a year, that there was to be a temporary abatement of Rs. 26, that Rs. 50 would be payable for the term of the kabuliyat, that on the expiry of the term there would be a fresh settlement, that so long as a fresh settlement was not made, the rent was to be paid at the rate of Rs. 76 a year.

(3.) The defence inter alia was to the effect that the stipulation about rashad inserted in the kabuliyat was a penal clause and was never intended to be acted upon.