PURNA CHANDRA CHATTERJEE Vs. NARENDRA NATH CHOWDHURY

JUDGEMENT

(1.) The question referred is as follows: "When an application under Section 105 of the Bengal Tenancy Act for settlement of rent is withdrawn with liberty to bring a fresh suit, whether a suit for enhancement of rent is barred by the provisions of Section 109 of the Bengal Tenancy Act?"

(2.) There have been several conflicting decisions on the question, but I do not think it would serve any useful purpose to discuss them or even to enumerate them. It is enough to say that one set of decisions favours the view that an application under Section 105 (or Section 106) of the Tenancy Act, if withdrawn by permission of the Court, is to be regarded as not having been made, while the other set proceeds on the footing that the making of an application under either of those sections, whatever be its fate afterwards, brings into operation the prohibition contained in Section 109 of the Tenancy Act.

(3.) The words of Section 109 are these "subject to the provisions of Section 109A, a Civil Court shall not entertain any application or suit concerning any matter which is or has already been the subject of an application made, suit instituted, or proceedings taken under Sections 105 to 108 (both inclusive)". The provisions of Section 109A have no bearing on the present matter.