HARADAS ACHARYEA CHAUDHURI Vs. ABHOY CHARAN DHUPI

JUDGEMENT

(1.) These two appeals arise out of proceedings under Section 105 of the Bengal (sic)Act and have been heard together by consent. The tenure in question known as a nim-howla was created by a patta (Exhibit C) dated 29th of Falgoon 1251. The patta provides that the tenant should pay rent for years 1252 and 1253 at the rate of Rs. 22-8 and from the year 1254 onwards (that is to say) at the. rate of Rs. 100 plus 2 annas in the rupee under the denomination of Akhrajat kharach that is, to say, at the rate of Rs. 112-8 per annum.

(2.) It then appears that some time before or about 1902 the tenure was divided and that the tenant-respondents in Appeal No. 1407 hold the one-half and the tenant-respondents in Appeal No. 1816 the other half.

(3.) A Record of Rights under Chapter X of the Bengal Tenancy Act having been pre-pared and finally published, the plaintiff-landlord applied under Section 105 of the Act for a settlement of fair rent in respect of the two tenures, in other words for an enhancement of rent.