GOPAL CHANDRA CHANDA Vs. CKNAG AND CO LTD

JUDGEMENT

(1.) These 21 appeals arise out of as many suits for recovery of arrears of rent. Plaintiffs case briefly stated is as follows : Plaintiffs are the proprietors of 4 mouzahs in Touzi No. 98 appertaining to Pergana Salimabad. These 4 Mouzahs constitute Bandabasti Taluk Bisweswar Ray Chaudhury. Under the said Taluk there are tenancies of different grades held by the defendants in these suits. By a Robakari of the Commissioner of Sunderbands dated 1 July 1850, the rates of rent per standard bigha of 80 cubits payable by the tenants of different grades in respect of all the tenancies under this taluk are fixed. During the last settlement survey the lands of the tenancies in all the suits except suits Nos. 46 and .51 have been found on measurement by the same standard to be in excess of the area which were assessed at the rates fixed in the year 1850. Plaintiffs therefore are entitled to get additional rent for the unassessed lands of their tenancies according to the rates mentioned in the Robakari. In Suit No. 62 rent for the years 1335 to 1337 B.S. has been claimed. In the other suits the claim is for the yoars 1334 to 1337 B.S. Plaintiffs also claim cesses at a certain rate for 1334 and 1335 B.S. and at a different rate for the subsequent period. In Suit No. 64 plaintiffs prayed for enhancement under Section 30 (b), Bengal Tenancy Act. The defences common to all the suits are:

(2.) (1) That Section 109, Bengal Tenancy Act, is a bar to the plaintiffs claim for additional rent. (2) That the rent for each of the tenancies in suit is a consolidated rent fixed for the entire land of each of these tenancies. (3) That the entire amount of rent for the period in suit has been paid. (4) That the plaintiffs are not entitled to claim cesses at the rate mentioned in their plaints.

(3.) The learned trial Judge decreed the suits in part on the following findings: (a) That Section 109, Bengal Tenancy Act, as it stood before the Bengal Tenancy Amending Act of 1928, is a bar to the plaintiffs claim for additional rent in Suits Nos. 14, 47, 49, 50, 56, 59, 62 and 63. (b) That the plaintiffs are entitled to get additional rent for increase in areas in Suits Nos. 13, 52, 53, 54, 55, 57, 58 and 61 at 8 annas per bigha of excess land. (c) That the plaintiffs are entitled to get cesses at the rate of 6 pies per rupee for the period previous to the last quarter of 1336 B.S. and at the rate mentioned in the Valuation Roll, Ex. 5, for the subsequent period. (d) That the plaintiffs are entitled to get enhancement of rent at the rate of 8 annas per rupee under Section 30 (b), Bengal Tenancy Act, in Suit No. 64. (e) That the pleas of payment taken by the defendants have been substantiated in part.