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Pran Krishna Nath and ors. Vs. Mohesh Chandra Choudhury - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal901,47Ind.Cas.134
AppellantPran Krishna Nath and ors.
RespondentMohesh Chandra Choudhury
Excerpt:
landlord and tenant - kabuliyat fixing rent at certain amount of paddy or in default certain sum of money--landlord, whether can recover price of paddy. - 1. the only question raised in this appeal is, whether the plaintiff can claim the price of paddy stipulated to be paid at the market rate, or only the price of the paddy as mentioned in the kabuliyat.2. this tarns upon the construction of the kabuliyat; and as we construe it, we think the tenant agreed to pay 52 aris of paddy and on default to pay rs. 15 as the price there of. the price of the paddy, therefore, was fixed by the parties in the document. we are accordingly of opinion that under the terms of the kabuliyat the plaintiff is not entitled fro get anything more than rs. 15 as the price of the paddy.3. the decree of the lower court must accordingly be set aside and that of the first court restored. we make no order as to costs.
Judgment:

1. The only question raised in this appeal is, whether the plaintiff can claim the price of paddy stipulated to be paid at the market rate, or only the price of the paddy as mentioned in the Kabuliyat.

2. This tarns upon the construction of the Kabuliyat; and as we construe it, we think the tenant agreed to pay 52 aris of paddy and on default to pay Rs. 15 as the price there of. The price of the paddy, therefore, was fixed by the parties in the document. We are accordingly of opinion that under the terms of the Kabuliyat the plaintiff is not entitled fro get anything more than Rs. 15 as the price of the paddy.

3. The decree of the lower Court must accordingly be set aside and that of the first Court restored. We make no order as to costs.


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