SIR KAMESHWAR SINGH BAHADUR Vs. RAMESHWAR SINGH

JUDGEMENT

(1.) These appeals arise out of three suits for rent. The question of law which arises in each of them is the same. In each case, the appellant is the decree- holder and the appeals arise out of applications for execution of decrees for rent. After the applications for execution had been made the judgment-debtors made an application to the Collector for reduction of the arrears. The application purported to be under Section 16, Bihar Restoration of Bakasht Land and Reduction of Arrears of Rent Act, 1938. On this application for reduction of arrears being made the execution proceedings were stayed. The Collector reduced the arrears for the years 1342 to 1344. The decrees were for the arrears of rent for these throe years and the first three kists of 1345, but under Section 16 the Collector had no power to reduce the arrears beyond 1344. Having obtained an order for the reduction of rent, the judgment-debtors applied for the decrees to be altered in accordance with this order. The decree-holder objected. The first Court held that the order reducing the rent was made without jurisdiction but that the executing Court could give the judgment-debtors appropriate relief under Section 15(b) of the Act of 1938. The judgment-debtors appealed and the Court of appeal below has reversed the order of the first Court and overruled the objection of the decree-holder. In support of the appeal two grounds are urged on behalf of the decree-holder (1) that Section 16 of the Act of 1938 does not apply to a nakdi occupancy holding and (2) that even if Sec. 16 does apply to such a holding the arrears are liable to be reduced only on the ground stated in Section 18(4)(a) of the Act, that is to say, on the ground that the means and circumstances of the raiyat have been affected by a fall in prices during the period beginning with 1 January 1929, and ending with 31 December 1936.

(2.) The provisions of the law relevant to the questions which have been raised are contained in Secs.112 and 112A, Bihar Tenancy Act and in Secs.15 to 19 of the Act of 1938. Section 112, Tenancy Act, empowers the Provincial Government, on being satisfied that any landlord is demanding rents which have been illegally enhanced above those entered as payable in a record of rights, to invest a revenue officer with the power to settle all rents and with power, when settling rents, to reduce the rent if, in his opinion, the maintenance of existing rents would, on any ground, whether specified in the Act or not, be unfair or inequitable.

(3.) Section 112A, Tenancy Act, confers certain powers on the, Collector with regard to the cancellation and reduction of rents of occupancy holdings. Under Clause (a) he may cancel all enhancements of the rents of occupancy holdings made under Section 29 or under Clauses (a), (b) or (d) of Section 30, during a specified period. Clause (b) empowers the Collector to reduce the rent of any occupancy holding the rent of which has been commuted within a specified period. Under Clause (c) the Collector is authorised to order the partial or entire remission of the rent of an occupancy holding for such period as he considers reasonable on the ground that the soil of a portion or the whole of the holding has become temporarily or permanently deteriorated by a deposit of sand, by submersion under water or by any other specific cause, or on the ground that the landlord of the holding has failed to carry out his obligations in respect of irrigation. Clause (d) empowers a Collector to reduce the rent of an occupancy holding if there has been a fall not due to a temporary cause in the average local prices of staple food crops during the currency of the existing rent, and Clause (e) empowers him to settle a fair rent in such cases, or classes of cashes, as may be specified in a notification issued by the Governor in that behalf. The provisions of Secs.112 and 112A, Tenancy Act, apply to the cancellation, reduction, remission and settlement of the rents of occupancy holdings. By the Act of 1938, provision was made for the reduction of arrears of rent. 3. In so far as it is material for the present case, Section 15 of the Act of 1938 is as follows: (a) Where the rent of an occupancy holding has been settled or reduced under Section 112 or Clauses (a), (b), (d) or (e) of Section 112A, Bihar Tenancy Act...a landlord shall not, in any suit or proceeding instituted before or after the date on which this Section comes into force, be entitled to recover from the raiyat of such holding any arrears of the rent of such, holding, in respect of the years covered by such suit or proceeding, at a rate in excess of the rent so settled or reduced.... (b) If the rent of an occupancy holding has not been settled or reduced under Secs.112 or 112A, Bihar Tenancy Act...the landlord of such holding shall not, in any suit or proceeding instituted before or after the date on which this Section comes into force, in respect of the arrears of rent for any period before the first day of Asin 1345 Fasli, corresponding to Asin Badi 1 of 1994 Sambat, be entitled to recover from the raiyat any arrears of rent due in respect of such holding at a rate in excess of the rent which would have been settled for the holding under Clauses (a), (b) or (d) of Sub-section (1) of the said Section 112A, Bihar Tenancy Act...if the raiyat had made an application under any of the aforesaid Clauses of the said Section 112A, Bihar Tenancy Act....