RAMANI PERSHAD NARAIN SINGH Vs. MAHANTH ADAIYA GOSSAIN

JUDGEMENT

(1.) This appeal arises out of a suit brought under Section 106 of the Bengal Tenancy Act for the decision of the question whether the rent payable by the plaintiff was Rs. 30-0-6 as contended for by the plaintiff. the Record of Rights, or was Rs. 13-8 annas as contended for by the plaintiff.

(2.) The defendant urged entry in the Record of Rights was correct. The first Court gave effect to that defence and dismissed the suit, but upon appeal by the first Court's decision and given the plaintiff a decree, holding that the rent was Rs. 13-8 as alleged by the plaintiff.

(3.) Against that decree of the lower Appellate Court, defendant No. 2 has preferred this second appeal. At the hearing of the appeal the learned vakil for the plaintiff-respondent took a preliminary objection that no appeal lay from the decision of the learned Judge below, who heard the case as a Special Judge, the decision appealed against being a decision settling a rent within the meaning of Sub-section (3) of Section 109(A) and therefore coming within the exception to the rule in that Sub-section which allows an appeal from the decision of a Special Judge. The argument in support of this preliminary objection is that as the Court below has determined the rent to be Rs. 13-8 and not Rs. 80-0-6, its decision is a decision settling a rent.