AIR 1949 FEDERAL COURT 97

Federal Court

(From Calcutta)

Hon'ble Judge(s): Kania , C.J. AND Fazl Ali, Mahajan, Patanjali Sastri , JJJ

Deed - Construction - Lessee to pay certain annual rent under patta - By subsequent kabuliyat, lessee making himself responsible for new revenue imposed by Government - Rent to be paid in instalments and lessee to pay interest on overdue instalments - Latter provision not made applicable to new revenue - Kabuliyat containing additional terms not found in patta held binding on lessee- Lessee bound to pay enhanced revenue - Enhanced revenue not to form part of rent of tenure. One Mohunt Joyram Gir granted by a patta in English a dawami istemrari mourasi tenure of certain land to one Pran Kissen in 1877. Under the patta the lessee was to pay Rs. 4,500 as annual rent, out of which he was to pay the Government revenue and road cess into the Government treasury and pay the balance to the lessor. Subsequently, after 4 months, Pran Kissen executed a kabuliyat in Urdu in favour of Mohant Joyram Gir which provided: "besides the Government malguzari fixed for the present, I shall be responsible for payment of whatever new abwab (cesses) or new revenue in respect of the said land may be fixed by Government according to law or under orders of the officers of the time and Mahantji has nothing to do with the same. I, the executant, shall always pay the sum of Rs. 4,500 regularly every year according to instalments detailed below." The lessee was to pay interest on overdue ....