RAJA RESHEECASE LAW Vs. CHINTAMONI DALAI

JUDGEMENT

(1.) This appeal arises out of an application under Section 105,Bengal Tenancy Act, to settle fair rents of a number of holdings and relates to two of the holdings viz., Nos. 16 and 53. The landlord asked for an enhancement of the rent of these holdings under Secs.30(b), Bengal Tenancy-Act. With regard to both these holdings the lower Courts have held that as No. 16 is a homestead and No. 53 is a homestead and tank, they are not liable to enhancement under Section 30(6), Bengal Tenancy Act. The landlord has appealed. The tenant unfortunately, as the question is apparently one of first impression and also of some importance, has not appeared. The decision of the question would seem to depend on the wording of Section 30 and Section 182.

(2.) Reading Section 30 there seems nothing in the section to restrict it to the land actually used for cultivation. To attract the operation of the section it would seem to be sufficient that the land in question is a holding, held at a money rent by an occupancy raiyat. The land in question is clearly a holding Section 3(9).

(3.) Neither would Section 182 remove homestead lands from the operations of Section 30.