SHEOSAHAI Vs. HARI SHANKER

JUDGEMENT

(1.) MACNAIR , J.C. 1. The plaintiffs-respondents' father Sheoprasad leased a sir field to the defendant-appellant's father on 16th June 1927. The lease was for one year and the consideration was Rs. 200, of which Rs. 65 were paid at the time. The Deputy Commissioner subsequently remitted part of the land revenue payable by the plaintiffs for the year 1927-28. He also, under the provisions of Section 65, Tenancy Act, remitted a proportion of the rents of tenants and sub-tenants for that year. In the suit out of which this appeal arises the plaintiffs claimed the balance of the agreed rent. The defendant relied on the order of the Deputy Commissioner. The lower Courts have held that Section 65, Tenancy Act, does not authorize remission of the rent of subtenants and the claim was decreed. The reasons given by them follow closely the reasons which led to the same decision in Jagannath Ramkishan v. Mt. Lakshmi Bai, . In appeal it is urged that the order of the Deputy Commissioner was in accordance with law. The word "tenant" in the Tenancy Act includes sub-tenants. Section 3, Tenancy Act, clearly states that sub-tenants are a class of tenants. The learned District Judge has stated that in many sections in which the word "tenant" is used cannot possibly relate to sub-tenants. I can find no section in which the word "tenant" is so used, except where the word clearly refers to a particular tenant who has transferred his right or made an application. In such a case the use of the word "tenant" is quite correct even if the particular tenant must belong to a certain class. In many sections, such as Sections 64, 87 and 95, the words "tenant other than a sub-tenant" are used. I add that under Section 38 the person from whom a sub-tenant holds is termed as landlord and it is not disputed that a sub-tenant pays rent.

(2.) THE learned District Judge is mistaken in thinking that Section 38 prevents the application of Section 65. Section 38 begins: Except as otherwise provided for in this Act, a sub-tenant shall hold on such terms as may be agreed upon between him and his landlord.