BEJOY CHAND MAHATAB Vs. BENI MADHAB CHAUDHURY

JUDGEMENT

(1.) This is an appeal by the plaintiff and arises out of a suit brought by him for assessment of fair and equitable rent for the lands in suit on the ground stated in Section 30, Clause (b) of the Bengal Tenancy Act, and after assessment of fair and equitable rent for a decree for rent payable for the years 1324 to 1327 B.S. The defence of the defendants was that no relationship of landlord and tenant existed between the parties, and secondly that the rent ought not to be varied or enhanced.

(2.) The Court of first instance raised three issues---first, whether there was any relationship of landlord and tenant between the parties; secondly, what was the jama, and whether the rent was liable to be enhanced and if so, what should be the enhanced, rate. The third issue was a general issue as to the relief to which the plaintiff was entitled. The trial Court, upon the evidence, decided the first issue against the plaintiff, and held that no relationship of landlord and tenant was established by the plaintiff. In that view the Court of first instance refrained from deciding the other issues in the case.

(3.) There was an appeal by the plaintiff to the Subordinate Judge, which was dismissed on the ground that the learned Munsif who decided the case was vested by the Government with special powers as contemplated by Section 153, Clause (b), and the claim in the suit being under Rs. 50 no appeal lay to him, as there was no question as indicated, in Section 153 which would bring the case within the exceptions.