BAMANDAS BIDYASAGAR BHATTACHARYA Vs. SADHU MAJHI

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of arrears of rent. The plaintiff also claimed additional rent for additional lands found in the tenant's possession and also enhanced rent for rise in the price of staple food crops.

(2.) It appears that originally there were two holdings, one consisting of 5 bighas 1 3/4 cottas at a jama of Rs. 6.5 9 and Re. 1-12-9 was reserved as hajat. There was another holding of 5 bighas 3/4 cottas at a jama of Rs. 6.2.3 and Rs. 2 1-0 was kept as hajat. The total area of the two holdings was 10 bighas 2 1/2 cottas and the jama was Rs. 12-8. The plaintiff's case was that oat of the total hajat of these two jamas, namely, Rs. 3-13-9, a sum of Rs. 1-15 was made a part of the current rent and the jamas became Rs. 14-7-0 by the amalgamation of the two, jamas, taken with Re. 1-150 on account of the hajat, and that there has been an increase in the area of 4 bighas 4 1/2 cottas. The plaintiff contended that they were entitled to the fall hajat rent and additional rent for the additional area at the rate of Re, 1-9-7, which would be the rate if the entire hajat jama were added to the rent.

(3.) The Court of first instance gave a decree to the effect that the plaintiff was entitled to the full hajat jama, so that he was entitled to the full rent of Rs. 16-5-9 and additional rent for the additional area at Re. 1-9-7 per bigha from 1321 to 1324. That Court also allowed enhancement at annas 2 per rupee from 1326.