GOCOOL CHUNDER LAW Vs. JAMAL BISWAS

JUDGEMENT

(1.) This is an appeal from a decision of the Special Judge of Jessore, affirming a refusal on the part of the Assistant Settlement Officer of Jessore to give to the appellant additional rent for additional area under Section 52, Ben. Ten. Act.

(2.) Plaintiff's case is that there was a partition under the Estates Partition Act in the year 1909, that the Deputy Collector in accordance with powers given to him under Ch. 6 of that Act, measured the lands comprised in the tenancy and that it was found upon that measurement that the area in the occupation of the tenant was some 78 bighas. It is said that in the Record-of-Bights it is found that the area now in the occupation of the tenant has increased. Accordingly it is said that there have been two scientific measurements and that the previous measurement for the purposes of the Estates Partition Act should be taken as showing what the area was for which the tenant was then paying rent, and that he is now proved to be in posses-of additional area and must pay additional rent therefor.

(3.) The Assistant Settlement Officer has taken the view that the measurement for purposes of the Estates Partition Act is not reliable, that while it is quite true that the tenant gets information of the proceeding, he is not seriously interested in checking the area or disputing the figure of the area at which it is proposed to record the tenancy for the purpose of partition of the superior interest That being so, he has refused to accept the area found in the partition proceeding as being a reliable measurement of the right of the tenant at that time. He has also taken the view (which for the purposes of this case I shall assume to be inaccurate) that the standard of measurement adopted in 1909 is not shown. As a matter of fact the area is stated in terms of acres and therefore it has been represented to us that the standard measurement was the measurement employed.