DHUPLAL SINGH Vs. RAMDHANI DUSADH

JUDGEMENT

(1.) These 19 second appeals have been preferred by landlords from decrees of the learned District Judge of Patna affirming decrees of the learned Munsif of the first Court, Patna, dismissing suits brought by the landlords against various tenants. In all the suits brought by the landlords a claim was made for a declaration that an order of the Assistant Settlement Officer dated 24 June 1938, reducing the rents of the tenants who were made defendants was ultra vires and of no effect. The learned Munsif who heard the suits at first instance held that the order of the Assistant Settlement Officer which was made under Section 112, Bihar Tenancy, Act, was intra vires and accordingly dismissed the suits. These decisions were affirmed on appeal by the learned District Judge who dismissed all the appeals. Hence the present 19 second appeals.

(2.) The facts giving rise to the cases are the same and may be shortly stated as follows: The holdings of the various defendants in the suit were recorded in the record of rights as bhaoli occupancy holdings. In the year 1915 certain proceedings were instituted under Section 40, Ben. Ten. Act, for commutation of the rent of these various holdings, and on 5 July 1915, the parties compromised. By the terms of the compromise money rents were fixed for the various holdings, and it was also agreed between the landlords and the tenants that the rent so fixed would neither be enhanced nor reduced at any time in the future. It had been strenuously contended in these proceedings that the effect of that compromise was to convert the status of the tenants from occupancy tenants to that of fixed rate tenants. It appears that in the cases which have given rise to Second Appeals Nos. 665, 668, 672 and 674 there was another compromise in the year 1937, between the landlords and tenants. In that year, rent suits were brought against the respondents to these appeals, and the claims of the land-lords were compromised and a compromise decree passed in the terms of the agreement.

(3.) In that compromise decree it was provided that the rent agreed upon should neither be enhanced nor reduced and the status of the tenants was declared to be Sharamoiyan. In the year 1937, after the compromise to which I have just made a reference proceed, ings were instituted by the authorities under Section 112, Bihar Tenancy Act. By a Government Notification No. 2814 of 19 June 1937, which is published in part I, Bihar Gazette of 23 June 1937, certain Deputy Collectors were empowered to settle rents in cases of money rents of occupancy raiyats. The Deputy Collector who had jurisdiction over the area reduced the rents of the various tenants though it was hotly contended before him that he had no jurisdiction to reduce such rents by reason of the fact that the holdings were not occupancy holdings but fixed rate holdings, The Deputy Collector, however, held the contrary and reduced the rents.