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The second ground on which the Board has based its conclusion that the lease is binding on the appellants (I) [1952] S.C.R. 775.

is that the rent fixed in the Kabuliat, Rs. 112 is higher than the circle rate of Rs. 76-6-0. But this is not decisive of the matter, as what has to be decided is not whether the rent fixed compares favourably with the circle rate, but whether it is reasonable and fair, having regard to the income which a prudent owner could have got from the lands, and that will depend on proof of the net yield from the land and the ruling price of the produce at that time. The lessees have given no evidence on this point. One of the mortgagees stated that he and his brothers were themselves cultivating the lands till 1936, and that they then gave them on lease, because they were losing Rs. 50 to Rs. 100 per annum over the transaction. But he gave no particulars as to what the gross yield from the lands was, what the expenses of cultivation were, and what the price of the produce was. It is very difficult to believe that the tenants would have agreed to take over lands on the terms contained in the Kabuliat if, in fact, it was a losing concern. It is admitted by the mortgagee that the lessees made no complaint that they were working at a loss. His evidence on this point is vague and unconvincing, and we are not impressed by it. On the other hand, we have evidence which clinches the matter in favour of the appellants. It has been already stated that the Revenue Officer, Meerut granted a decree in favour of the appellants for ejectment. In execution of this decree, the appellants obtained possession of the suit proper. ties. On February 4, 1954, the Board set aside the decrees of the Courts below, and dismissed the suit of the appellants. Thereupon, the respondents in execution of the decree got back possession of the properties. Then, they applied under s. 144, Code of Civil Procedure for recovery of mesne profits by way of restitution, and obtained a decree for Rs. 7,500 at the rate of Rs. 1,000 per annum. If this figure is any guide for the determination of what income could be got from the properties by a prudent owner, then it is clear beyond doubt that the rent of Rs. 112 fixed in the Kabuliat is unduly low, and it cannot be binding on the mortgagors. It is true that the decree relates to a period much later than the date of the Kabuliat, and that prices had greatly risen during that period. But making all allowance for the rise, we think that the transaction is not one which a prudent owner would enter into in respect of his properties.