SHEONANDAN PRASAD SINGH Vs. KRISHNA CHANDRA

JUDGEMENT

(1.) This appeal is by the defendant, an occupancy raiyat, and arises out of a suit for rent for the years 1348 to 1346. The defence was that as the land had been covered with sand for the last 15 years no rent was payable in respect of it. The first Court found that there were four feet of sand on the land and dismissed the plaintiffs suit. The appellate Court has confirm, ed the finding that the land is covered with sand but has held that the effect of the repeal of Section 88, Bihar Tenancy Act, by the Amending Act of 1938 is to deprive the tenant of the right to relief in respect of the land covered by sand.

(2.) The history of the legislation relating to a tenant's right to have his rent reduced may be briefly summarized as follows: Under the Rent Act of 1859 an occupancy raiyat was entitled to abatement of rent on account of reduction in area due to diluvion or other cause or to deterioration in the productivity of the land not attributable to the raiyat himself. Section 52, Ben. Ten. Act of 1885, conferred upon all the tenants a right for reduction of rent in respect of any deficiency proved by measurement to exist in the area of his tenure or holding; and Section 88 conferred upon occupancy raiyats the right to institute a suit for the reduction of rent on the ground either that the soil of the holding, without the fault of the raiyat, had become permanently deteriorated by a deposit of sand or other specific cause, or on the ground that there had been a fall in the average local prices of stable food crops.

(3.) In 1938, there were extensive amendments of this Act and Section 88 was repealed altogether. A new section, namely Section 52A expressly entitled a raiyat to reduction of rent on account of a portion of his holding being diluviated. Another new section, Section 112A, empowered the Collector on an application by an occupancy raiyat or if the Governor, by notification, directs the settlement of rents of occupancy holdings in any area shall be-made under the section, to remit rents of any occupancy holding if the soil or a portion or the whole of the holding has without the fault of the raiyat, become temporarily or permanently-deteriorated by a deposit of sand, by submersion under water or by any other specific cause, or if the landlord of the holding has failed to carry out the arrangements in respect of irrigation which he is bound to maintain.