KHITISH CHANDRA LAHIRI Vs. VERSUS GERPA HAZRA

JUDGEMENT

(1.) This appeal arises out of a suit for rent based on a kabulyat dated the 5th Magh 1300 B. S. In that kabulyat, it was stated that the rent of the holding was Rs. 23 odd, that the sum of Rs. 14 odd was to be kept in abeyance and that for three years the tenant would be liable to pay the rent of Rs. 8 odd. At the end of that time, he was to take a fresh settlement and execute a fresh kcbulyat and if he did not do so, he was to be liable for rent at the rate of Rs. 23.

(2.) The Courts below have held that this raising of the rent from Rs. 8 to Rs. 23 was not legal and have accordingly given the plaintiff a decree for rent at the rate of Rs. 8 odd.

(3.) The plaintiff has appealed to this Court. It appears to us that the stipulations in the kabulynt, to which we have referred, area mere device to defeat the provisions of Section 29 of the Bengal Tenancy Act. Under that section the money-rent of anopcupancy raiyat