NATH SINGH Vs. DAMRI SINGH
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Ghose, J -
(1.) This appeal arises out of a suit brought by a certain raiyat, Damri Singh, to set aside a kabuliat bearing date the 17 Magh 1303, corresponding to the 17 January, 1896, executed by him in favour of the landlords, the appellants before us. The grounds upon which the said kabuliat was sought to be set aside were that it was brought about fraudulently by the landlords; that the statements and conditions inserted therein as regards the nagdi rent payable, and the quantity of land for which such rent was payable, were introduced without the plaintiff's knowledge; that he never agreed to pay the rent for the bhaoli land comprised in his holding according to the danabandi, instead of the batai, system; and that the agreement to pay the rent mentioned in the document was in violation of the provisions of Section 29 of the Bengal Tenancy Act.
(2.) The case of the landlords, the defendants, was that there was no fraud in the matter of the execution of the kabuliat in question; that there was good consideration for the agreement that was entered into; and that it was not in violation of the provisions of Section 29 of the Bengal Tenancy Act as urged on behalf of the plaintiff.
(3.) The Court of first instance held that there was no fraud in the matter of the execution of the kabuliat; that the raiyat was compelled underpressure of circumstances to agree to the terms thereof with his eyes wide open: and that there was consideration for the agreement that was come to between the parties. At the same time, the Munsif was of opinion that the said agreement was in violation of the provisions of Section 29 of the Bengal Tenancy Act. As regards, however, the bhaoli land, that officer held that the agreement qua those lands, i.e., to pay rent thereof according to the danabandi system, was binding upon the raiyat; and he accordingly decreed, that with the exception of the stipulation contained in the kabuliat regarding the nagdi rent, the other conditions inserted therein should be held to be binding upon the raiyat.;
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