Phillips, J.

1. This is a rent suit and the point for determination is the amount of rent payable by plaintiff: to defendant. Prior to 1859 a faisal rate was fixed on the land by Government, but admittedly plaintiff has for many years, certainly for more than 35 and possibly for 40 years, been paying a lower rate called in the muchilika the jamabandi rate. In the ntuchilika the faisal rate is also mentioned and the road cess payable is calculated on it. It has not been proved that the jamabandi rate was in force prior to 1859 and consequently under Section 11 of Act VIII of 1865 the proper rate payable on the land would be the faisal rate. This provision of the Rent Recovery Act (1865) is not reproduced in the Estates Land Act. 1908, and it is contended for the appellant-plaintiff that there is now no presumption that the faisal rate is the proper rate. Although there is no such presumption raised by the Statute, yet I think that the existence of a faisal rate is a very strong piece of evidence as to what the proper rate should be Tine faisal rate is fixed by Government as the fair rental of the land, and upon the faisal rates the peshkush and cesses are calculated and conse