GIRIAPPA BIN SABANNA BISALDINNI Vs. GOVINDRAO GANRAO DESAI

JUDGEMENT

(1.) The plaintiff sued to recover from the defendant possession of the plaint land together with Rs. 19-10-0 as arrears of rent. The defendant pleaded that he was a permanent tenant, and not a yearly tenant, and that the plaintiff had no right to enhance the rent. The trial Judge found that the defendant was a permanent tenant. He was entitled to the presumption under the 2nd paragraph of Section 83 of the Land Revenue Code.

(2.) Then the question arose as to the landlord's right to enhance. The Subordinate Judge relying on a passage of Dandekar's "Law of Land Tenures", held that he was entitled to fix a reasonable enhancement, which he declared to be Rs. 100 a year.

(3.) On appeal the Assistant Judge remanded the case to the lower Court for findings on two issues: (1) whether the plaintiff proved that there existed no usage or custom in the locality in respect of the enhancement of the rent of the land of the like description and tenure as the land in suit. (2) If not, having regard to any such usage or custom as aforesaid to what extent could an enhancement of rent be made?