Kidwai J. - (1.) THE appellants and their predecessors are sub -settlement -holders of village Bharwa in the district of Gonda. The superior proprietor of the village is Bhaiya Chandra Bhan Dutt Ram whose estate is now in the charge of the Deputy Commissioner, Gonda.
(2.) THE superior proprietor instituted a suit out of which, this appeal arises for arrears of rent for the years 1349 to 1352 F. He claimed rent for the first three years at the rate of list 236 per annum together with RS. 21/8 par annum as local rate. For the last year he claimed Rs. 264 as rent plus Rs. 27 as local rate. The defence was that no malikana was payable by the sub settlement holders under the decree of the first settlement court which was given upon an agreement of compromise between the predecessors of the parties. It was, therefore, urged that the rent indicated in the plaint included the local rate which also was 10 per cent of the land revenue payable in respect of the village.
(3.) THE trial court accepted the defence and held that the rent assessed by the Settlement Officer at the third settlement included the local rate. He accordingly passed a decree for the amount claimed by the superior proprietor as local rate. The superior proprietor went up in appeal and the learned Civil Judge of Gonda came to the conclusion that the settlement Officer did include 10 per cent of the malikana in the rent assessed by him upon the sub -settlement holders under Section 79 of the land Revenue Act. He said that it was a mistaken view of the Settlement Officer, but it was not open to him, setting as a civil court, to correct the mistake made by the Settlement Officer in the exercise of a jurisdiction possessed by him alone. He accordingly allowed the appeal and decreed the suit for the local rates claimed also.;