PRIYA NATH MANNA Vs. OFFICIAL TRUSTEE OF BENGAL

JUDGEMENT

(1.) The two main contentions of the appellants in these appeals being, first that the remand is bad, and second that Section 158, Bengal Tenancy Act, has been misappreciated by the Court, below, it is necessary to examine the precise character of the suits which have given rise to the appeals and the nature of the reliefs asked for therein.

(2.) These six appeals arise out of as rainy suits for recovery of arrears of rent. The plaintiffs alleged that the defendants paid rent at a certain rate for the holdings, and that in the record of rights no rent was entered, but it was only stated the holdings were liable to assessment of rent. The plaintiffs prayed; (1) for rent at the said rates, and (2) that if the defendants denied those rates and the plaintiffs failed to prove them, they might be given decrees for fair and equitably rents, and they said that the rents they claimed represented such fair and equitable, rents for the holding and that those rents should accordingly be settled as such. The defence, which is material at this stage, was that the rents of the holdings were really much less and were what were stated on their behalf.

(3.) There was a further prayer by the plaintiffs for enhancement under Section 30, Clause (b), Bengal Tenancy Act, but this prayer was eventually withdrawn. There was a defence on the ground of remission on account of haja but it was left open with the consent of both the parties as it was not pressed so far as these suits were concerned. During the pendency of the suits on the 4 July 1925, the plaintiff filed a petition for a local enquiry under Section 158, Bengal Tenancy Act. The Munsif rejected the petition holding that there was an existing rate of rent, which was the rate alleged on behalf of the defendants and when the existing rate could be determined an enquiry under that section for the determination of fair and equitable rent was not permissible. Being of that opinion he decreed the suit for the rents admitted by the defendants.