9911796707
TMI Blog1928 (2) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... of part of the holding. The suit is based upon a kabuliyat, dated 18th July 1823, which expresses the acceptance by the defendants of certain land, for one year on a rental of ₹ 139-2-0. The year in question was 1331 Fasli equivalent to July 1923 24 The claim concerns not only that year but the kharif portion of the following year 1332 Fasli. There are thus two causes of action. One is base ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted for the defendant's peaceful enjoyment of the land leased. This plea was accepted by the trial Court. 3. In appeal the District Judge rightly held that Section 193(g) was a bar to the defendants' claim to set off in this suit. He held, however, that the lease under which the defendants held the land securing a rent of over ₹ 100 required registration and not being registered cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that he filed this kabuliyat along with his plaint. The defendants can, therefore, not have been misled by the inaccuracy of description contained in the plaint, and the plaintiff is entitled to stand on the kabuliyat and not upon a non-existent lease suggested by the plaint. 6. A second point, however, arises, and this is whether the decision of the lower appellate Court can be upheld by invoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... particular thing or class of things, is excluded from application thereto by reason of the particular enactment. I, therefore, hold that the kabuliat did not require registration. 7. No argument has been addressed to me by the respondent's counsel in defence of the decision of the trial Court that the sum paid by the defendants to save the crops of the land leased to them would furnish any an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3(g), Tenancy Act, considered it more important to provide against the danger of complicating a suit for rent under the Tenancy Act than to provide against circuity or multiplicity of suits by making applicable to rent suits the provision of the Civil Procedure Code, permitting a set off. This was the view taken in the case of Brij Lal v. Mohammed Ibrahim A.I.R. 1925 All. 824 decided by a Judge of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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