ASIR MAHOMED SHEIKH Vs. RAJA PROBHAT CHANDRA BARUA

JUDGEMENT

(1.) These appeals arise out of suits, for enhancement of rent under Section 18 of Act VIII of 1869 B.C. The only ground upon which enhancement has been allowed is that the defendants paid rent below the prevailing rate of rent paid by tenants in the places adjacent. The defendants have appealed to this Court, and several questions have been raised in these appeals.

(2.) The main contention, and that which applies to all the appeals, is that the decision of the Courts below as to the prevailing rate is incorrect.

(3.) The holdings of the defendants are situated in Mouzah Bidyapara. Some of the tenants of Bidyapara pay rent at a higher rate than that paid by the defendants, but they do not form a majority of the tenants of the mouzah. The Courts below, however, have taken the rate of rent in the neighbouring mouzahs, along with the rate paid by the minority of the tenants of Mouzah Bidyapara itself, to be the prevailing rate.