SURAJ PROSAD SUKUL Vs. MIDNAPUR ZEMINDARI COMPANY LTD

JUDGEMENT

(1.) This is an appeal against a decision of the District Judge of Midnapore, dated the 7th February 1906.

(2.) The appeal arises out of a suit for enhancement of the rent of a tenure under Section 7 of the Bengal Tenancy Act; The Subordinate Judge enhanced the rent from Rs. 667-15 to Rs. 1,242 which he considered to be fair and equitable rent. He found that there was no customary rate and assessed the gross rental of the tenure at Rs, 2,237-10-2 and after deducting Es. 7? per cent, as the cost of collections, allowed the tenure-holder a profit of 40 per cent, of the collections, and gave the balance of Rs. 60 per cent, as enhancement payable to the landlord. 2. There was an appeal to the District Judge, and the District Judge affirmed the decree of the First Court.

(3.) The defendants now appeal to this Court and urge that by their kabuliyat of 1875, the rate of rent was fixed, in perpetuity and that they were not bound to pay any further rent for the land for which they then agreed to pay rent but that they were only liable to pay additional rent for additional land and liable lo pay rent for this additional land only at the rate fixed in the kabuliyat. Then it is urged that the learned District Judge has made a mistake in his decree if as he says 60 per cent, should be the profit allowed to the tenure-holder. It is farther urged that the District Judge has not allowed a sufficient amount for the cost of the collections. No attempt is made to improve the finding of the lower Appellate Court as to the gross collections of the tenure.