Bachawat, J. - (1.) This second appeal arises out of a suit for rent. The dispute is as to the value of paddy rent payable under a lease dated the 22nd of May, 1883. The lease was made by a Kabuliyat and a Patta which are in identical terms. A copy of the Kabuh'yat is appended to this judgment
(2.) The trial Court awarded the price of the paddy specified in the Kabuliyat whereas the lower appellate Court awarded the current market price. The question is which judgment is correct.
(3.) The lease is a Mourashi lease. The annual rent is settled ('abadharit') at cash Rs. 15/- and paddy 6 Aris of the measure or Map of Ras 5 seers Doan. The rent is payable in 5 kists, the cash rent in the months of Ashar, Aswin, Pous and Falgoon and paddy rent in the month of Magh. The tenant is to deliver paddy free of cost at the residence of the landlord.;