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Zamir Mandal Vs. Tarini Charan Singh - Court Judgment

LegalCrystal Citation
Decided On
Reported in5Ind.Cas.296
AppellantZamir Mandal
RespondentTarini Charan Singh
regulation vii of 1822 - landlord and tenant--landlord taking settlement from government--qabulyat taken from tenant before that--tenant bound by qabulyat--landlord not bound by rates recorded at settlement proceedings. - .....any contract rates. that is a proposition which cannot he supported.the result is that the appeal is dismissed with.....

1. This is an appeal from a decision of the District Judge of Nadia, dated the 14th Agust 1896.

2. The suit was for rent on a contract between the parties, contained in a qabulyat. After the qabulyat, but when, as the Judge finds, it was in full force (indeed he finds it is now in full force), the plaintiff got a settlement of land, and in that settlement the rates of rent fixed were those prevailing in the village. It has always been the case under Regulation VIII of 1882 that a Settlement Officer does not settle rents but records the rates of rent existing in the village. The argument of the pleader for the appellant is this, that where a person takes a settlement from the Government at certain rates he has not the power to let the lands at any other rate hut is hound by the fixed rates: in short, he says that where rents are not settled, the ordinary rates recorded under Regulation VIII of 1882 prevent any contract rates. That is a proposition which cannot he supported.

The result is that the appeal is dismissed with costs.

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