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Roy Jatindranath Chowdhury and ors. Vs. Ajodhaya Nath Nandi and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in60Ind.Cas.743
AppellantRoy Jatindranath Chowdhury and ors.
RespondentAjodhaya Nath Nandi and ors.
Excerpt:
landlord and tenant - kabuliyat, provision in for payment of increased rent on land being measured--increased rent, date from which recoverable. - .....300 bighas of land at a rental of rs, 1 per bigha including cesses aggregating rs. 300... if the rent-land is measured by your landlords, (i.e. the bhanja gantidars) we shall accept the same and pay for increased land at the aforesaid rate.' the tenancy of the sardar has some to an end and the interest of the bhanja gantidars has vested in the plaintiffs. consequently, the plaintiffs are entitled to increased rent for increased land, when the condition precedent has been fulfilled and not earlier, namely, when there has been measurement of the land by the bhanja gantidars or their representatives-in-interest, namely, the present plaintiffs. it is conceded that there was no such measurement before the suit was brought. consequently, at the time of the institution of the suit, the.....
Judgment:

Asutosh Mookerjee, Acting C.J.

1. We are of opinion that the decree made by the District Judge in this case must be affirmed.

2. The plaintiffs claim additional rent for increased area. That claim is based on contract of tenancy, dated the 28th April 1808, entered into between the predecessors of the defendants on the one baud and the Sardars on the other. That Kabuliat contained a provision to the following effect: 'You have let out the said 300 bighas of land at a rental of Rs, 1 per bigha including cesses aggregating Rs. 300... If the rent-land is measured by your landlords, (i.e. the Bhanja gantidars) we shall accept the same and pay for increased land at the aforesaid rate.' The tenancy of the Sardar has some to an end and the interest of the Bhanja gantidars has vested in the plaintiffs. Consequently, the plaintiffs are entitled to increased rent for increased land, when the condition precedent has been fulfilled and not earlier, namely, when there has been measurement of the land by the Bhanja gantidars or their representatives-in-interest, namely, the present plaintiffs. It is conceded that there was no such measurement before the suit was brought. Consequently, at the time of the institution of the suit, the plaintiffs had not become entitled to claim any increased rent for any increased land. The decree of the District Judge must, therefore, be affirmed. The plaintiffs can exercise the right originally vested in the Bhama gantidars at any time and will thereafter be entitled to increased rent for increased land.

2. The appeal is dismissed with costs.

Ernest Fletcher, J.

I agree.


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