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1915 Supreme(All) 17

PIGGOTT
Dat Prasad Singh – Appellant
Versus
Gopal Ram – Respondent


JUDGMENT

1. The sole question for determination in this appeal is whether the plaintiffs-respondents, as tenants of a certain holding, are bound to pay to the defendant-appellant an annual rent of Rs. 180 or of Rs. 200. It is clearly established that in the year 1907 the present defendant was taking steps for the ejectment of these plaintiffs from their holding. A compromise was arrived at, under which the zemindar consented to drop the ejectment proceedings, thereby allowing the tenants to acquire occupancy rights, and the latter agreed to pay a rent of Rs. 200, instead of Rs. 180, per annum. The compromise embodying the above terms was endorsed upon a paper bearing a general stamp of Re. 0-8-0, but the document was not registered under the provisions of the Indian Registration Act of 1877. It was filed in the Court of the Assistant Collector who was conducting the ejectment proceedings. That officer proceeded to dismiss the ejectment suit accordingly, but has not framed his decree so as to embody the terms of the compromise therein and make it binding on the parties. u/s 47 of the Tenancy Act, II of 1901, the original rent of Rs. 180 per annum payable by these plaintiffs could be

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