( 1 ) THE short point that falls for determination in this revision petition, filed under Section 25 of the Small Cause Courts Act against the orders of the Subordinate Judge. Kavali is whether the court below had power and on a plea being raised was bound to decide as to the rent being excessive or above the statutory maximum in a suit brought by the landlord for recovery of amounts due on promissory note, grain bond, and under other demands including the demand for agreed rent for the fasli year of 1369.

( 2 ) ADMITTEDLY the plaintiff is the landlord and the defendant a cultivating tenant. Whereas the case of the plaintiff was that the total area of acres 1-95 cents was leased out to the defendant on a fixed agreed rent of 1 putti 7 1/2 tooms, the contention of the defendant has been that only part of that area was leased out to him and the lease was on sharing system and not on any fixed agreed rent in kind. He further contended that in any event the plaintiff is not entitled to the alleged agreed rent as it is in excess of the maximum permissible under law. The learned Subordinate Judge, on the evidence adduced, both oral and documentary, found in favour of the pl