BIJOY CHAND MAHATAB Vs. AKHIL BHUIYA

JUDGEMENT

(1.) These seventy appeals arise out of as many cases for settlement of fair rents under Chapter X of the Bengal Tenancy Act. In 14 of these cases the lands are entirely hajabadi and in the remaining 56 cases the lands are described partly as hajabadi and partly as raiyati. With respect to the hajabadi lands the tenants according to a custom get an entire remission of the rent for the year in which there is a flood and the question is whether any presumption can arise under Section 50, Clause (2) of the Bengal Tenancy Act in respect of such tenancies. Section 50, Clause (2) lays down that the presumption would arise if it is proved in any suit or other proceeding that a tenant and his predecessor-in-interest have held at a rent or rate of rent which has not been changed during the 20 years immediately before the institution of the suit or proceeding. The Courts below have held that the presumption does arise.

(2.) The plaintiff (the landlord) has appealed to this Court and relies upon the fact that as no rent is paid in respect of the purely hajabadi tenancies in the 14 cases nor in respect of the hajabadi portion of the remaining 56 cases in years of flood, there is a change in the rent and the presumption therefore does not apply to such cases. Prima facie there is a variation of the rent.

(3.) It has been contended, however, on behalf of the tenants respondents that the words "held at a rent" in Section 50 does not mean chat the rent shall be actually paid, that it is enough to show that the rent is payable. Reference is made to Section 102 which provides that the rent payable at the time when the record-of-rights is prepared is to be recorded in the record-of-rights.