RAM TARAK SINGHA Vs. SALGRAM SINGHA

JUDGEMENT

(1.) This appeal is by defendants 1 to 7 in a suit for recovery of arrears of rent of an occupancy holding for the years 1342 to 1845 B.S. Originally the rent of the holding was Rs.31-2-0 and 7 1/2 maps of paddy per annum. In 1923, on the application of the tenant defendants under Section 40, Ben. Ten. Act, the paddy rent was commuted into money rent and as a result of this commutation the total rent of the holding was settled at Rs.85 per annum. In the present suit the plaintiff claims rent at Rs.85 per annum. The defendants claim a reduction of this rent under Section 38, Ben. Ten. Act, on the ground that; there has been a fall, not due to a temporary cause, in the average local prices of atapk food crops during the currency of the present rent: since 1924. In their written statement, para. 6, they ascribe the fall in the price to the world economic depression since 1386 B.S. The relevant portion of Section 38, Ben. Ten. Act, stands thus: 38 (1), An occupancy raiyat may institute a suit for the reduction of his rent on one or more of the following grounds.. (1) on the ground that there has been a fall, not due to a temporary cause, in the average local prices of staple food-crops during the currency of the present rent... (2) In any suit instituted under this section the Court may direct such reduction of the rent, as it thinks fair and equitable.

(2.) There is no dispute that reduction of rent on the ground stated above may be obtained by way of defence in a suit for recovery of arrears of rent. There is also no dispute that paddy is the staple food-crop of the locality. The learned Munsif who tried the suit upheld the defence claim to the reduction of rent, finding (1) that there has been a considerable fall in the average local prices of paddy during the currency of the present rent; (2) that the cause of the fall is not a temporary one.

(3.) He compared the average price of paddy for 1930 to 1989 as published by the Government under Section 39, Ben. Ten. Act, with that for the period from 1915 to 1924 and held that the tenants were entitled to a reduction of l/4 of the rent. As the commutation of the paddy rent took effect from 1330 B.S. he allowed this reduction with effect from 1345 B.S. in view of the provisions of Section. 40A, Ben. Ten. Act, according to which a commuted rent was not liable to be reduced for 15 years on the ground of any fall in the average local price of staple food-crops.