Maclean, C.J:— We are unable to agree with the lower Appellate Court that the lease in this case is a permanent mokurari lease within the meaning of sec. 179 of the Bengal Tenancy Act. It described as a deed of “kaimi mourashi lease,” i.e, a permanent heritable lease. The word mokurari, as I understand, means “with fixed rent,” that is to say, when applied to a tenure it means a tenure held at a fixed and permanent rate of rent. But that is not the case here—that is not the nature of the lease—and consequently the case does not fall within the protection of sec. 179 of the Bengal Tenancy Act. The payment of Rs. 3 instead of the delivery of 2 goats is, we consider, an abwab—that has scarcely been disputed—within the meaning of sec. 74; and, consequently, that is not recoverable. All that the landlord can recover is the rent; and not this additional payment of Rs. 3. The appeal succeeds on this point only. The appeal, therefore, must be allowed with costs, and the decree of the lower Appellate Court varied and there will be a decree only for the rent claimed.
Geidt, J.— I agree.
Decree modified.