JUDGMENT

1. Three questions are involved in these four appeals. The first is whether the defendant-respondent is bound to pay the full rent reserved in the kabuliat's executed by her predecessor-in-title in favour of the zemindar now represented by the plaintiff-appellant; secondly, whether the defendant is bound to pay rent by 11 instalments as stipulated in the kabuliats; and thirdly, whether apart from any stipulation in the kabuliats the defendant's rent is liable to enhancement up to the limit of the customary rate if she is found to be a tenure-holder.

2. The kabuliats in Second Appeals Nos. 2993 and 3005 were for the term of one year each and were unregistered, and the kabuliats in Nos. 3003 and 3004 were for five years each and were registered, the first two were executed in the year 1275 B.S. and the last two in the year 1280 B.S.

3. It appears that before the kabuliats of 1275 were executed, the zemindar applied to the Collector for measurement of the lands of the tenants u/s 9 of the Bengal Act VI of 1862. The lands were measured and certain rents were assessed upon the lands found on such measurement. The zemindar then brought suits for kabuliats at the rents so assessed a