GIRIAPPA SUBANNA Vs. GOVINDRAO GANRAO

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.

(3.) 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.