KARTIK CHANDRA OJHA Vs. GORA CHAND MAHTO

JUDGEMENT

(1.) In this case the landlord petitioners made an application under Section 27 of the Chota Nagpur Tenancy Act (Bengal Act VI of 1908) for the enhancement of the rent paid by the tenants opposite-parties in respect of their holding.

(2.) The application was heard by a Deputy Collector empowered to discharge the functions of a Deputy Commissioner under Section 27 and the following sections of the Act. After a prolonged enquiry the Deputy Collector on the 12th February, 1912, made an order enhancing the rent of the tenants from Rs. 2-8 to Rs. 32-10-5 per annum. Against this order the tenants preferred an appeal under the provisions of Section 215 (1) (iv) to the Deputy Commissioner who, after commenting on the proceedings of the Deputy Collector in terms which should not find a place in the judgment, of any Court, dismissed the landlords application on the ground that in his opinion the questions at issue should be decided only "after a fall and fair trial" or "by the Settlement Department in the village."

(3.) It is not suggested that, in the area with which we are here concerned any order for the preparation of a record-of-rights had been issued, and obviously if in the opinion of the Deputy Commissioner the case had not been fully and fairly tried his proper course was to make or direct such further inquiry as might be necessary.