SAILABALA DASSI Vs. BRAJA NATH RAY

JUDGEMENT

(1.) These two appeals arise out of two suits brought by the Plaintiff-Respondent for the recovery of arrears of rent, road cess and education cess. The tenants-Defendants admitted the amount of rent claimed, but resisted the Plaintiff's claim so far as the cesses under the Bengal Cess Act (Ben. IX of 1880) and education cess under the Bengal (Rural) Primary Education Act (Ben. VII of 1930) were concerned. The trial Court overruled the objections raised by the Defendants and decreed the Plaintiff's claim in full. This was affirmed by the learned district Judge. On second appeal to this Court, that decision has been upheld. In the appeals now before us, the tenants-Defendants have not pressed their objections so far as the claim for road-cess is concerned. The only point now raised is that under the contract entered into between the landlord and the tenants, the tenants are not liable to pay any portion of the education-cess to the landlord.

(2.) The tenancies in question were created by a patni-putta executed in March, 1873, long before either the Bengal Cess Act or the Bengal (Rural) Primary Education Act had come into force.

(3.) On behalf of the tenants it is contended that the contract as evidenced by the patni-putta (Ex. C) disentitles the landlord from claiming any share of the education-cess as the landlords would otherwise have been entitled to under Section 30 of the Bengal (Rural) Primary Education Act. The relevant provision in the patni-putta on which reliance is placed by the tenants runs as follows: