MATTA MAJHI Vs. GOPI NATH KARMAKAR

JUDGEMENT

(1.) This appeal arises out of a certain application under Section 105 of the Bengal Tenancy Act to fix a fair and equitable rent of a certain holding.

(2.) The case of the plaintiff was that in the finally published record of rights the holding in question was recorded in the Khatian No. 45 of Mouza Simulberia No. 53, Thana Chhatna, and that the defendant was recorded as a tenant of the plaintiff and he is liable to pay rent to the plaintiff for the land in question that he has not paid any rent and, therefore, the plaintiff asked the Court to fix a fair and equitable rent.

(3.) The case of the defendant was that he did not hold the land in question under the plaintiff but he held the land in question under one Shyama Charan Karmakar at a fixed rent of Rs. 5- 1. The Assistant Settlement Officer held that the defendant held the land in question under the plaintiff and he fixed a fair and equitable rent at Rs. 23-4-9.