Mumbai Court February 1905 Judgments

Laxuman Janu Vs. Krishnaji Antaji

Court: Mumbai

Reported in: (1907)9BOMLR861

Lawernce Jenkins, C.J.1. This is a suit brought to recover rent and enhanced rent.2. So far as the recovery of the original rent is concerned no question arises, but the claim to the enhanced rent is opposed.3. The lower appellate Court has sanctioned an enhanced rent of Rs. 102 a year, but has arrived at that enhanced rent by methods which cannot be recognized in a suit of this class.4. Where an Inamdar seeks to impose enhanced rent on a Mirasdar it lies upon him to prove that the enhanced rent is fair and equitable and such as according to the custom of the country is leviable on land of the description held by the Mirasdar and we must accordingly send back the case for the determination of the issue :-5. Whether the rent demanded by the plaintiffs is fair and equitable and such as according to the custom of the country is leviable on miras land of the description held by the defendants 16. It must be noticed that it is only that which according to the custom of the country is leviab...