GOLAB MISSER Vs. KUMAR KALANAND SINGH

JUDGEMENT

(1.) These three appeals arise out of three suits brought by the plaintiffs-appellants to have it declared that their status as tenants was that of occupancy raiyats holding at fixed rents. In the record-of-rights which has been prepared in respect of their Tillage, they had been entered as tenure-holders without fixity of rents under the defendants.

(2.) In support of their claims in the three suits, plaintiffs filed a number of rent receipts and adduced oral evidence. The defendant adduced no evidence.,

(3.) The Court of first instance found that the plaintiffs had proved by satisfactory evidence that the holding in the first suit had been held at an uniform rent since 1879, that the second holding had been similarly held since 1847 and the third since 1853. Fixity of rent having been proved in the case of each holding for upwards of 20 years, the Subordinate Judge held that the presumption under Section 50 of the Bengal Tenancy Act would arise and that each must be considered as held at a rent fixed in perpetuity. He accordingly decreed all the three suits.