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Saroj Bandhu Simlai Vs. Mati Lal Ghose and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1928Cal112
AppellantSaroj Bandhu Simlai
RespondentMati Lal Ghose and ors.
Excerpt:
- .....additional district judge has held that, having regard to the terms of the kabuliyat, the money that has been put down in the kabuliyat as payable in lieu of 13 aris of paddy is payable by the tenant if he does not deliver the paddy. where a sum is fixed as payable by the tenant in lieu of paddy which is to be delivered by him as rent, unless there is a strong indication that this money value was placed for some other purpose than that of giving the tenant a choice either to pay money or to deliver the paddy, it must be taken that the tenant has the choice either to pay money or to deliver paddy as stipulated. it cannot generally be asked by the landlord that the tenant is bound to pay the present market value of the paddy if he does not deliver the paddy as rent in kind. in that.....
Judgment:

B.B. Ghose, J.

1. In this case the learned Additional District Judge has held that, having regard to the terms of the kabuliyat, the money that has been put down in the kabuliyat as payable in lieu of 13 aris of paddy is payable by the tenant if he does not deliver the paddy. Where a sum is fixed as payable by the tenant in lieu of paddy which is to be delivered by him as rent, unless there is a strong indication that this money value was placed for some other purpose than that of giving the tenant a choice either to pay money or to deliver the paddy, it must be taken that the tenant has the choice either to pay money or to deliver paddy as stipulated. It cannot generally be asked by the landlord that the tenant is bound to pay the present market value of the paddy if he does not deliver the paddy as rent in kind. In that view, this appeal fails and is dismissed with costs.

Roy, J.

2. I agree.


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