HOSAIN ALI KHAN Vs. HATI CHARAN SHAW

JUDGEMENT

(1.) This is a suit brought under the provisions of Chapter VI of the Bengal Tenancy Act. The plaintiff's claim is a three-fold one. First, he seeks to enhance the rent of the defendant, who is a non-occupancy raiyat; secondly, he claims arrears of rent at the old rate; and, thirdly, he asks for ejectment of the defendant, if the defendant refuses to pay enhanced rent, or if he fails to pay the arrears of rent within the period that may be fixed by the Court for him to pay them.

(2.) The Subordinate Judge has given the plaintiff a decree for arrears of rent at the old rate for the year 1302, and has ordered the defendant to be ejected, if he does not pay within three weeks. And he has further given the plaintiff a decree for rent in the future at the rate of 14 annas per bigha which is 2 annas more than the rate at which the defendant has hitherto been paying.

(3.) The plaintiff was not satisfied, however; and appealed to the District Judge, who affirmed the decree of the Court of First Instance.