GENU SHEIKH Vs. TARAMANI CHOUDHURANI

JUDGEMENT

(1.) I agree in the judgment about to be delivered by Mr. Justice Beachcroft. Beachcroft, J.

(2.) This is an appeal by the tenant defendants in proceedings under Section 105 of the Bengal Tenancy Act The Assistant Settlement Officer without going into the details of th eholdings of the various tenants decided in general terms that the tenants were entitled to the presumption provided for in Section 50 of the Act. On appeal the learned Special Judge remanded the case to the Assistant Settlement Officer, for the purpose of deciding which tenants held at fixed rents and of disposing of the applications in view of the other considerations affecting enhancement of rent, which arose in the ease.

(3.) The learned Special Judge rightly held that the case of each tenancy must be considered separately. He further made certain observations with regard to the fixity of rent, and it is these remarks that have been called in question in the present appeal.