LAWS(PVC)-1921-7-53

ISHAN CHANDRA DIASI Vs. RAM PROSAD AICH

Decided On July 18, 1921
ISHAN CHANDRA DIASI Appellant
V/S
RAM PROSAD AICH Respondents

JUDGEMENT

(1.) This is a Rule calling upon the opposite party to show cause why the judgment and decree of the Special Judge of Midnapore complained of should not be set aside, or why such other or further order should not be made as to this Court might seem fit and proper.

(2.) The matter arose in respect of certain applications which were made by the landlords for the settlement of, fair rents under Section 105 of the Bengal Tenancy Act.

(3.) The Revenue Officer found that the defendants in these cases were ordinary occupancy raiyats. He also found on a comparison of the prices of staple food crops that the maximum enhancement under Section 32(b) was 4 annas in the rupee. He, however, refused to allow the landlords any enhancement on the ground that the lands were subject to inundation as there was no embankment on the river Cossaye and that the crops were damage and the rents were already high.