Judgement

Appeal and cross-appeal from a judgment and decree of the High Court (February 18, 1915) varying a decree of the Court of the Agent of the Governor of Madras (October 21, 1910).

The suit was brought in the Court of the Agent at Vizagapatam by the appellant against the holders of the pargana of Bissembatak for possession of that pargana, and for arrears of rent or kattubadi for three years at Us. 15,000 per annum, and for mesne profits. The claim was made under a patta dated August 1, 1877, which provided for rent at the above rate, and stated as follows " just as your father used to attend in Dashara (Dasahara (or, vernacularly, Dashara) a popular festival in honour of the goddess Durga. In the west and south it is a military festival. See Wilsons Glossary.) for service, so, now you should also present yourself with 500 paiks for service whenever directed to do so. These directions are given imperatively." The defendant was designated in the patta as " thatraj," a military title signifying commanders of paiks. There was a muchilika in substantially the same terms. The plaint alleged that the appellant had a right of forfeiture on the grounds (1.) that the defendant had re