KASIM ALI PRODHANYA Vs. KSBONNERJEE

JUDGEMENT

(1.) Appeal No. 714 of 1922 : This is an appeal by landlords against the order of the Special Judge refusing to settle enhanced rents in respect of 7 khatians in a Settlement proceeding on the ground that the tenants have produced dakhilas of a uniform rate of rent for over twenty years which gives them the presumption that their rent is fixed - a presumption which is not rebutted by any evidence which the plaintiffs have been able to adduce. There are 185 tenants respondents in the appeal but in respect of Khatians Nos. 5, 20, 21, 36, 38, 47, 49, 53, 61, 62, 63 and 78 some or all of the tenants had died pending these proceedings and no substitution had been made. The appeals necessarily stand dismissed as against those respondents.

(2.) As to the other cases the evidence of the tenants is the production of dakhilas which have been accepted as genuine. The only evidence produced by the landlords is that jama wasil baki papers of over hundred years old had been put before the Court and it is pointed out that these tenancies do not find a place. This really rebuts nothing and the learned vakil for the appellants admits that in all similar, cases it has been held that such evidence would not rebut the presumption and, therefore-, he does nofe press the appeal.

(3.) The result is that the appeal is dismissed with costs which we assess at two gold mohurs. Mitter, J.