CHINTI KAHARIN Vs. KRIPASHANKAR WARRAH

JUDGEMENT

(1.) These are three appeals from a decision of Agarwala J., upholding a decree of the lower appellate Court passed in favour of the plaintiff-respondent.

(2.) The plaintiff-respondent is the successor-in-title of certain land to the Raja of Jharia. It was alleged that the Raja had 30 or 35 years ago settled certain homestead lands with the defendant-appellants or their predecessors-in-title, and the terms of settlement included an undertaking by the tenant to pay rent at the rates prevailing in the district from time to time. No rent had been paid, and the present suits were brought in which the plaintiff asked the Court to settle the rate of rent and for a decree for arrears of rent on such basis.

(3.) The defendants, on the contrary, alleged, that these were rent-free lands and that no rent was payable in respect of them. In the alternative, they alleged a title in the lands by adverse possession. They further pleaded that the suit, as framed was not maintainable. The learned Munsif dismissed the suits, but on appeal the learned Subordinate Judge reversed his decision and decreed the suits holding that the rent applicable was a rent of Rs. 6 per katha per year for certain types of land and Rs. 2 per katha for other types of land. In second appeal to this Court, Agarwala J. upheld the decision of the lower Court and dismissed the appeals.