JITENDRA NATH ROY Vs. ABEJANNESSA BIBI

JUDGEMENT

(1.) These five appeals arise out of live suits for enhancement of rent under Section 30 of the Bengal Tenancy Act on the ground of rise in the prices of the staple food crops and also for increase of rent for increase in area under Section 52 of the Bengal Tenancy Act.

(2.) With regard to increased rent for increased area both the Courts below have found that there has been no increase in area. Therefore the plaintiff is not entitled to any increase of rent under this section.

(3.) With regard to enhancement of rent under Section 30 of the Bengal Tenancy Act on the ground of rise in the prices of the staple food crops both the Courts below have held that the tenants hold at a fixed rate of rent and, therefore, their rents are not liable to enhancement under Section 30. In the Court below the tenants relied upon the presumption under Section 50, Clause (1) of the Bengal Tenancy Act and the case of the plaintiff who is now the appellant was that this presumption had been rebutted by certain kabuliyats. Both the Courts have found that these kabuliyats do not rebut the presumption under Section 50, Clause (2) of the Bengal Tenancy Act and the plaintiff's suits have been dismissed.