JUDGMENT : 1. The plaintiff, who is zemindar, brought this suit against the defendant to recover arrears of two years' rent. The defendant had executed a kabuliyat on the 4th of July 1906 in favour of the plaintiff for five years agreeing to pay an annual rent of Rs. 21 and covenanting to cut and graze grass on the land entered in the kabuliyat, which runs as follows: “I have taken (a lease) specially of grass and tin (a kind of grass) on the dhia (high bank) of the tank in Mauza Singhpur Shiuli being the zemindar of Musammat Gauri Rautain, from this date for five years, that is, from 1314 Fasli to 1318 Fasli on an annual sum of Rs. 21 (Rupees twenty-one). Accordingly I shall pay Rs. 21 as rent from year to year and shall cut and graze grass and tin as provided by the lease. I have, therefore, executed this kabuliyat.” 2. The suit was brought in the Court of Small Causes and it was contested on the ground that Court had no jurisdiction to try it. This objection was overruled by the Court which relied on the case of B. and N.W. Railway v. Bandhu Singh, [1609] 2 I.C. 223 : 31 All. 342. The Court decreed the claim with costs. In revision before me, it is urged that the suit was one for rent as defined in section 4 clause 3 of the Tenancy Act. 3. The ruling just referred to is clearly distinguishable. What happened there apparently was that every year the Railway Company sold by auction the right to out grass on a portion of the line. I have also been referred to the case of Secretary of State for India v. Bindraban, [1881] A.W.N. 162. The facts of this case are quite different, and it is quite clear that according to the facts of that case, a suit could not lie under section 93(a) of Act XII of 1881. In this case, I find it very difficult to hold that the suit is not one for rent within the meaning of the Tenancy Act, I, therefore, feel constrained to allow the application, and set aside the decree of the Court of Small Causes and direct that Court to return the plaint to the plaintiff for presentation to the proper Court. Costs of this application will be costs in the cause.