Appendix. 149 



a demand based on a " consideration " wholly distinct from, and in 

 addition to, the " consideration" for which the " actual rent " is paid. 

 Other increments will be recoverable under some law as the Road 

 and Public Works Cess. Some extra payments, on the other hand, 

 seem, by their very nature, to be " impositions upon tenants 

 . . . in addition to actual " rent and to be fitly described by the 

 words abwab, mahtut or other like appellation." Thus, when a 

 zamindar tries to shift the burden of dak-beari from himself to a 

 tennnt, and demands payment, he is asking for payment without a 

 *' consideration ;" and is simply making an *' imposition." Or again 

 the same seems to be the case, when, under the name of " Chunda" 

 a zamindar seeks to recover from his tenantry, his own charitable or 

 patriotic subscriptions. So, of other instances which might be given. 



5. When, therefore, any plaintiff seeks to recover any items in 

 excess of the asl-jumma as originally fixed, he is entitled to show 

 and must show, one or more of the following facts, supporting h : s 

 case by appropriate evidence : 



I. That the tenant had acquiesced in a new asl-jumma, in which 

 items previously reckoned separately have been ' consoli- 

 dated ' with the old asl-jumma, so as to form one new jumma. 

 II. That some law in force gives him a right to the items claimed. 

 Ill That the items are supported by a " consideration," distinct 

 from, and additional to, the " consideration " in respect of 

 which the asl-jumma " or actual rent " is paid. 



IV. That an ' extra item' is not really such ; but is merely an 

 equalization of standards, not imposing any increase on 

 the asl-jumma, or " actual rent." 



6. As none of these facts have been established with reference to 

 the extra items which are the main subject of these appeals, they were 

 rightly disallowed by the lower Court. I have only to complete the 

 subject by adding that all stipulations and reservations for the payment 

 of " impositions," which admit of being appropriately called 

 alnvab, mahtut, or the like, are void. But this will not have any 

 bearing or a stipulation to pay a new asl-jumma, nor will it require 

 Courts to raise any question as to the calculations by which the new 



asl-jumma has been reached. 



******* 



A R R A H ; \ (Signed) J. TWEEDIE, 



The 28M February 1887.} Judge of Shahabad. 



