SHARASHI MOHAN ROY Vs. RAMESH CHARAN ROY

JUDGEMENT

(1.) This is a second appeal in a suit brought by the plaintiff-respondent to recover an 8-annas share of rent at an annual rental of Rs. 5-10. With regard to the jama, the plea was that the rental was Rs. 4-6.

(2.) The first Court dismissed the suit on the ground that the provisions of Section 60 of the Bengal Tenancy Act were not quite applicable to the present case. In appeal, the Subordinate Judge has applied Section 60, and he has given effect to the plea as to the jama and awarded the plaintiff a decree for rent at the rate of Rs. 2-3 only.

(3.) In second appeal it has been argued that Section 60 of the Bengal Tenancy Act does not cover the present facts, that the plaintiff never realized any rent or paid Government revenue in respect of this mahal, wherein the tenancy is situated, and that in virtue of some agreement the tenancy fell to the share of the defendant No. 3, the appellant before us.