RAI MONI DASI Vs. MATHURA MOHAN ROY

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of ijara rent, based upon as ijara kabuliat executed by the defendant in favour of the predecessor-in-interest of the plaintiffs, whereby the defendants undertook to collect rent of 48 and odd hits of land for four years and agreed to pay to the lessor Rs. 400 a year.

(2.) The defence was that the contract was not completed as no pattah was granted by the lessor, that the lessor never allowed the defendants to take possession of the lands, that one hat of land (nine plots) which really belonged to the defendants had been fraudulently included in the kabuliat which was executed without full knowledge of its contents and that as the kabuliat was not corrected, the defendant surrendered the lease, that the kabuliat was never acted upon and that the defendant was not, therefore, liable to pay anything.

(3.) The Court of first instance finding all the above pleas in favour of the defendant dismissed the suit. On appeal, the lower Appellate Court held that the registration of the kabuliat was a sufficient compliance with the provisions of Section 107 of the Transfer of Property Act, that the absence of a pattah does not invalidate the contract, that the kabulit was duly executed and there was no fraud or mis-representation practised on the defendant to secure its execution.