KUARMONY SINGH MANDHATA Vs. DASHRATHI PATI

JUDGEMENT

(1.) (S.A. No. 136) - In this case, since the filing of the appeal, one of the respondents joint tenants died. The suit was one for enhancement of rent. No substitution has been made and the appeal has been dismissed as against him by an order dated 17 February 1926. This appeal must also fail as against respondent 1 and will be dismissed with costs as it cannot proceed when all the tenants are not on the record.

(2.) S.A. Nos. 121-134 and 137.--These appeals arise out of suits instituted by the landlord for recovery of rent and for enhancement thereof under Section 30, Clause (b), Ben. Ten. Act. The trial Court enhanced the rent at the rate of 4 annas per rupee. On appeal preferred by the defendants, the learned District Judge has modified the decrees of the trial Court on the question of enhancement by allowing the plaintiff enhancement at the rate of one anna per rupee instead of at the rata of 4 annas per rupee.

(3.) Two grounds have been urged in sup-port of this appeal by the learned vakil who appears on behalf of the appellant. The first ground is to the effect that in view of the provisions of Section 32, Clause (b), Ben Ten. Act, the learned Judge was wrong in holding that the plaintiff was entitled to anything less than what was decreed by the Court of first instance. The second ground is that assuming that the learned Judge was right in holding that he had a discretion as to the amount by which the rent could be enhanced that discretion has been wrongly exercised.