PRAMODE NATH ROY Vs. BASIRUDDIN QUAZI

JUDGEMENT

(1.) The question raised in this appeal turns upon the construction of Section 111 of the Bengal Tenancy Act and arises under the following circumstances : The plaintiff-appellant instituted a suit on the 14 of April, 1919, for recovery of rent at an enhanced rate under Section 30 of the Bengal Tenancy Act as well as for additional rent under Section 52 of that Act against the defendant who is a tenant.

(2.) The defendant put in his written statement on the 2nd of June, 1919. Subsequently on the 4 of July, 1921, he raised an objection that the suit could not be proceeded with, having regard to the provisions of Section 111 of the Bengal Tenancy Act, as an order had been made in June, 1920 under Section 101 directing the preparation of a record-of-rights.

(3.) The Court of first instance disallowed the objection, tried the suit on the merits and partially decreed the suit in favour of the plaintiff. On appeal the learned District Judge set aside the decree of the Court of first instance and sent back the suit for the trial of the other issues according to law after three months from, the final publication of the record-of rights to be prepared under the notification of 1920.