BENGALI SAHU Vs. GUDRI TANTI

JUDGEMENT

(1.) This is a Letters Patent appeal from a decision of Rowland, J. in second appeal affirming concurrent decisions of the Courts below decreeing the plaintiffs claim in part. The plaintiffs were the landlords of a certain holding, whereas the defendant was the tenant. The suit giving rise to these proceedings was brought for the rent due for the years 1343 to 1346 P. The original rent of the holding was Rs. 65 as had been agreed in a kabuliyat of 1914. This rent, however, was enhanced in 1919 to Rs. 82-14-0.

(2.) The tenant made an application to the Collector under Section 112A(d), Bihar Tenancy Act, for reduction of this rent on the ground of a fall in the local prices of staple food crops during the currency of the then rent. On 20 May 1939, the rent reduction officer held that prices had fallen by over 56-per cent, and he reduced the rent to Rs. 35-15-0. The tenant had also applied for cancellation of the enhancement of his rent under Section 112A (a), Bihar Tenancy Act, and on 18th July 1939, the enhancement which had been made in 1919 was cancelled which would have the effect of substituting the original rent which was, as I have stated, Rs. 65 per annum.

(3.) The plaintiff-appellant brought this suit to recover arrears of rent at the rate of Rs. 65, but both the trial Court and the lower appellate Court held that a decree could not be granted at a rate higher than Rs. 35-15-0 which was the rate fixed in the first proceedings before the rent reduction officer. In second appeal the learned Single Judge took the same view and dismissed the appeal.