AGA MIRZA AHMAD Vs. BHUDAR CHANDRA

JUDGEMENT

(1.) This is an appeal by the plaintiffs in a suit purporting to be under Section 104H of the Bengal Tenancy Act. The facts of this case are that the predecessors in-interest of the plaintiffs obtained a settlement of lot No. 88 Touzi No. 145S from the Government, the settlement to expire on 31-3-1942. Thereafter on 28-8-1869, the plaintiffs' predecessors-in-interest granted a lease in favour of the predecessor-in-interest of the defendant.

(2.) One of the contentions between the parties is what is the rent payable under this lease? Shortly before the expiration of the term of the settlement in favour of the plaintiffs' predecessors proceedings under Ch. X Pt. II of the Bengal Tenancy Act were proceeded with and a draft record of rights was prepared. In the draft record of rights under the column headed as "Rent" a sum of Rs. 3043-3-0 was shown to be payable. Thereupon the defendant raised an objection under Section 104E of the Bengal Tenancy Act. This objection was overruled by the Revenue Officer, and thereafter the defendant preferred an appeal under Section 104G of the Bengal Tenancy Act. This appeal was disposed of by the Director of Land Records on 4-6-1942. In the course of his judgment the Director of Land Records observed that the rent of the tenure was fixed in perpetuity at Rs. 700-8/-, that the rent assessed under Section 104 at Rs. 3043/3/- was so assessed only for the purposes of settlement of revenue, that the contractual rent of Rs. 700/ 8/- is binding between the parties as the contract was made before the passing of the Bengal Tenancy Act.

(3.) It appears that the settlement record was thereupon corrected and in the "Remarks" column an entry was made to the following effect :