JUDGMENT

Ganga Nath, J. - Second Appeal No. 1347 of 1932 has been heard with this appeal. Both these appeals are plaintiff's, appeals and arise out of two suits brought by the same plaintiff against the defendants-respondents to recover arrears of ground-rent. The plaintiff brought the suits as mutwalli of the abadi in which the defendants' houses are. The defendants contended that they had never paid any ground-rent and that they were not liable to pay any. The plaintiff relied on para. 28 of the wajibularz of 1278 Fasli which is as follows:

Raiyats who have settled in the village render service according to their profession and chaukidara is also realised from them according to their status.

2. The plaintiff claimed ground-rent from the defendants on the basis of the provision for chaukidara in this wajibularz. As has been rightly held by both the Courts below chaukidara cannot be regarded as ground-rent. On the other hand chaukidara was assessed not to be paid by the defendants on account of the use and occupation of their houses or on account of the rent of the sites of their houses but to be paid by the raiyats on account, of the salaries of the chaukidars maintained for the safe