RAJA BEJOY SINGH DUDHURIA Vs. KRISHNA BEHARI BISWAS

JUDGEMENT

(1.) This is an appeal from the judgment of Newbould, J., whereby he affirmed the judgment of the first Appellate Court.

(2.) The plaintiff s claim was for Rs. 3,330 as arrears of rent. The defendants pleaded that the rent was Rs. 3,315 per annum and that the further sum of Rs. 15 claimed by the plaintiff was in the nature of an abwab and was not recoverable.

(3.) It appears that in 1883 a kabuliyat was executed by Ram Sharan Biswas, the predecessor- in-interest of the defendants, in favour of one Roy Dhanapat Singh Bahadur, who subsequently sold the mahal to the plaintiff.