RAMESWAR SINGH Vs. BHUBANESHWAR JHA

JUDGEMENT

(1.) One of the estates of the plaintiff, who is the appellant before us, was surveyed under Chapter X of the Bengal Tenancy Act. The final publication of the record was made on the 16th December 1901. On the 18 February 1902 the plaintiff applied for the settlement of fair rents on the ground of the prevailing rate being higher than that paid on the ground of the rise of the price of staple food-crops, and on the further ground of increase in the areas of the holdings. The petitions were expressly made under Section 105 of the Act, and it does not appear to us that there is any other section of the Act under which the applications could be made.

(2.) The Settlement Officer held on the 16 November 1902 that the plaintiff was entitled to increase of rents on account of increase in areas. On appeal, however, the Special Judge under the Act has dismissed the applications, he being of opinion that no case was made out for enhancement of rents on any of the grounds stated in the applications.

(3.) Appeals have been presented to us from the decision of the Special Judge, and a preliminary objection has been taken by the learned vakeel for the respondent that the appeals are not entertainable under the provisions of Section 109, Sub-section (3). If these cases were governed by the Bengal Tenancy Act before its amendment by Act III (B.C.) of 1898 there could be no doubt that the appeals would not be entertainable. In Sheubarat Koer V/s. Nirpat Roy 1889) I.L.R. 16 Calc. 596, Lala Kirut Naraynn V/s. Palukdhari Pandey (1889) I.L.R. 17 Calc. 326 and Achha Minn Chowdhry V/s. Durga Churn Law (1897) I.L.R. 25 Calc. 146, it has been expressly held that no appeal lies from an order settling rent under Chapter X of the Bengal Tenancy Act, as the settlement of rent under Section 104 of the Act included increase of rent for increase in area.