MADHU SUDAN MULLICK Vs. JAMIRUDD1N SHEIKH

JUDGEMENT

(1.) This appeal arises oat of a suit for enhancement of rent of a holding under Section MO of the Bengal Tenancy Act and also for additional rent on account of additional area in the holding.

(2.) The defendant had a holding of 8 bighas and 5 cottas at a rent of Rs. 6-10 16 gimlets. It has, however, been found that he is in possession of 2 bighas odd in excess of the area which he had been holding before. The Court of Appeal below gave a decree for additional rent for the excess area at the prevailing rate of rent, but refused to allow any enhancement with respect to the land included in the original holding namely, 8 bighas 5. cottas on the ground that the defendant had held at the same rent for a period of twenty years before the institution of the suit, and that therefore, the rent could not be enhanced.

(3.) The plaintiffs have appealed to this Court and it is contended before us that as there has been an alteration in the area of the holding held by the defendant the presumption under Section 50 of the Bengal Tenancy Act does not arise and the plaintiffs are entitled to an increape of rent for all the lands held by the defendant. But that Section lays down that "where a tenure-holder or a raiynt and his predecessor-in- interest have held at a rent or rate of rent which has not been changed from the time of the Permanent Settlement the rent or rate of rent shall not be liable to increase except on the ground of an alteration in the area of the tenure or holding." So that it is only an account of the excess area of the holding that the rent can be increased, and the Section lays down that except that, there shall be no increase in the rent in such cases.