UDOY CHANDRA BASU Vs. MAHAMMAD ALI BEPARI

JUDGEMENT

(1.) In this case the only question raised on behalf of the appellants, who were the petitioners before the Settlement Officer, is whether they are precluded from having a fair and equitable rent settled with regard to the land in the occupation of their tenants, the defendants, opposite parties, on the grounds of excess area and that the rate of rent is lower than the prevailing rate and also on account of rise of prices of staple food crops.

(2.) The proceedings were started under Secs.105 and 105 A of the Bengal Tenancy Act The record was finally published on the 26 September 1917. The Assistant Settlement Officer dismissed the application and on appeal the Special Judge has affirmed the decision.

(3.) The first question for decision, as stated in the judgment of the learned Special Judge, was (1) "whether the defendants rent is consolidated? Is there any excess area and can plaintiffs get any increase on that count?" The learned Judge has found, and we agree with his finding, that the landlord has not been able to show that the tenants are occupying more land than what they got at the time when, they were let into the land, Two Kubliyats have been produced in this case dated the 2nd and 3 of Agrahayan 1282 B.S. The landlords case was that the tenancy commenced from those dates. The tenants alleged no, these kabuliyats were only confirmatory of the lease of the land which they held from before. The leases were for a term of three years which would come to an end in 1284. Upon the terms of the leases there is no doubt that they were in confirmation of the tenancy which existed from before.