Srimati Moni and Others vs Kalachand Gharami and others

Maclean, C.J.—This is a suit for the recovery of rent. It is quite clear that the Respondents who are tenants of the Plaintiffs executed kabuliyats in their favour. There is no question as to the genuineness of these kabuliyats. Prima facie, then, the Plaintiffs are entitled to recover Why, then, should they not recover? The Defendants'' case was that they never were the tenants of the Plaintiffs but that is absolutely disproved. They, then, say that the Plaintiffs have taken kabuliyats from their sub-tenants in respect of portions of the lands comprised in their own kabuliyats. Take that to be so. What has happened? Nothing else has been done. The Defendants do not set up in their defence that they have been dispossessed or that their possession has been in any way interfered with. All they say is that these kabuliyats have been granted by their under-tenants: nothing more has been done. They were in possession at the date of the suit: they have never been disturbed and we cannot see why they should not be liable for rent according to the terms of their kabuliyats. The appeal, therefore, must be allowed, the decision of the lower Appellate Court set aside and that of the Munsif restored with costs in this Court and in the lower Appellate Court.