JUDGMENT

1. This appeal arises out of a suit for recovery of rent in respect of a putni.

2. The property originally belonged to one Salimannessa, and on her death was inherited by her mother Raisannessa Begum, The latter sold it to the plaintiff who brought the suit for rent on the basis of a kabuliyat dated the 10th Assin 1312.

3. The Courts below have concurred in giving a decree to the plaintiff and the defendant has appealed to this Court.

4. Three contentions have been raised on behalf of the appellant. The first is, that the plaintiff cannot recover rent, because Raisannessa did not get her name registered in the Collectorate in respect of the revenue paying property as required by Section 78 of the Land Registration Act. But there was a written contract (kabuliyat) between Raisannessa and the defendant, and Section 81 of the Land Registration Act lays down that nothing contained in Section 78 shall be held to interfere with the conditions of any written contract.

5. It is true that in one case, Iswar Chandra Bera v. Kali Charan Santra 43 Ind. Cas. 726 : 27 C.L.J. 474, a restricted view was taken of the section, limiting it to the persons actually parties to the contract; but it h