JUGESHWAR PRASAD Vs. RAMDHARI MAHTO

JUDGEMENT

(1.) This second appeal arises out a suit for arrears of rent of a holding of 8 99 acres at an annual rental of Rs. 95-15-0 which is described as occupancy kaimi, and for an enhancement of that rent under the provisions of Section 30(6) of the Bengal Tenancy Act which is claimed in one place in the plaint at eight annas a bigha and at another place at eight annas a bigha or a rate found after the usual calculations.

(2.) The defence to the claim for enhancement was that the holding is held at a fixed rate under a patta of 1901.

(3.) The Courts below having decreed the claim for rent only, the landlord appeals against the rejection of the application for enhancement.