NURUL HUQ Vs. MAHARAJA BIRENDRA KISHORE MANIKYA BAHADUR

JUDGEMENT

(1.) These seven appeals arise out of as many proceedings instituted, under Section 105 of the Bengal Tenancy Act, by a landlord for assessment of fair and equitable rents in respect of lands in the occupation of his tenure-holders. The Settlement Officer held that the rents were unalterable and dismissed the suits. Upon appeal, the Special Judge has held that the rents were enhanceable, and he has accordingly settled fair and equitable rents. The tenure-holders have appealed to this Court and have urged, first, the rents of their tenures are not enhanceable; and, secondly, that if the tenures are not protected from enhancement, the Special Judge has settled rent on principles erroneous in law.

(2.) As regards the first point, the tenure-holders rely upon Section 6 of the Bengal Tenancy Act which is in the following terms. 6. Where a tenure has been held from the time of the Permanent Settlement, its rent shall not be liable to enhancement except on proof- (a) that the landlord under whom it is held is entitled to enhance the rent thereof, either by local custom, or by the conditions under which the tenure is held, or (b) that the tenure-holder, by receiving reductions of his rent, otherwise than on account of a diminution of the area of the tenure, has subjected himself to the payment of the increase demanded, and that the lands are capable of affording it.

(3.) This section is founded upon the first Sub-section 51 of Regulation VIII of 1793 which was repealed by Schedule I to the Bengal Tenancy Act and was in the following terms: No zemindar, or other actual proprietor of land, shall demand an increase from the talookdars dependent on him, although he should himself be subject to the payment of an increase of jumma to Government : except upon proof that he is entitled so to do, either by the special custom of the district or by the conditions under which the talookdar holds his tenure; or that the talookdar, by receiving abatements from his jumma, has subjected himself to the payment of the increase demanded, and that the lands are capable of affording it.