LUCHMI PERSHAD Vs. EKDESHWAR SINGH

JUDGEMENT

(1.) This appeal arises out of a suit instituted by the plaintiff-respondent for a declaration that the defendants hold certain lands at certain rentals and, also for a declaration that the rentals entered in the record-of-rights in respect of these lands are inoperative. The plaintiff, also, sued for recovery of rents and cesses.

(2.) The lower appellate Court differed from the conclusions arrived at by the Court of first instance, and decreed the plaintiff's suit accepting the qabuliyat executed by the defendant on the 11 December 1897.

(3.) Two contentions have been raised before us, first, that the lower appellate Court omitted to consider the presumption of correctness of the entries in the record-of-rights, referred to in Section 103B of the Bengal Tenancy Act; and, secondly, that onus was on the plaintiff landlord and not on the defendant tenants to prove that the qabuliyat in question did not contravene the provisions of Section 29(b) of the Act. In our opinion, here is no substance in either of these contentions.