INDU BHUSAN SARKAR Vs. JATU MALLIK

JUDGEMENT

(1.) In the suit out of which this appeal arises, the plaintiffs claimed enhancement of rent under Section 30 of the Bengal Tenancy Act on the ground that the rate of rent paid by the tenant was below the prevailing rate, and also on the ground of there being a rise in the prises of staple food crops. The plaintiffs also claimed additional rent on account of excess area under Section 52 of the Bengal Tenancy Act.

(2.) The Court of first instance gave a decree for enhancement on the ground of a rise in the prices of staple food crops, disallowed enhancement on the bead of prevailing rate, and also disallowed the claim for additional rent for additional area.

(3.) Both parties appealed to the lower Appellate Court, but the decree of the Court of first instance was maintained on appeal. The plaintiffs have appealed to this Court.