Mohan Lal v. Subhana. .

Burn, J.M:— This order covers appeals Nos. 196, 197, 198 and 199, In reply to the suits for ejectment the defendants claimed that they had occupancy rights. The plaintiff set up two sets of qabuliats. The early qabuliats were not proved. The Assistant Collector found that the second set of qabuliats executed on 10th August, 1909, accepting seven years leases from 1317 to 1323 were invalid. He held that the defendants had been in possession from 1296 and he gave a decree for occcupancy rights.

2. In appeal the Commissioner found that there was no evidence of continuous possession before 1309. He rejected the qabuliats executed on 10th August, 1909. not on the ground that the terms rendered them incapable of preventing the accrual of occupancy rights, but they did not operate as seven years lease because of their late execution. On behalf of the plaintiffs this is the only point which has been contested. It has been held in Muhammad Mohsin v. Behari SD 13 of 1923, that where a qabuliat is executed after the beginning of the revenue year it is for the zamindar to show that an agreement to lease had been entered into before the year began. There is no evidence in the present case of any agreement.

3. In these four cases the Commissioner found that during the twelve years up to the time of the suit the tenants had not always held an area equal to the area which they now hold. He therefore decreed ejectment from a portion of the land in suit. The method in which he decided these cases is not very clear from his judgment But apparently he ascertained the area held in 1316 and gave an equal area.

4. It has not been shown in support of the cross-appeals filed by the defendants that this method was inequitable in the present case. In 1316 the land appears to have been let at some thing under Us. 6 a bigha. The Commissioner's rate gives about Rs. 3 a bigha at the present time. It is urged that by a Civil Court decision the real rent now is Re. 1-11-0 per kachcha bigha of which three are equal to one pakka bigha giving the rate of Rs. 5-1-0 per pakka bigha. This is approximately the rate which is entered in the papers of 1328. It is also urged on behalf of the tenant that the rent method in the Commissioner's order should be corrected. The claim is based on the Civil Court decree and it appears to me suitable that defendants should take separate action to get the jamabandi corrected so far as the rent is concerned. The result is that the appeals and cross appeals both fail and all are dismissed with costs.

5. Appeal dismissed.