ABHOY SANKAR MOZUMDAR Vs. RAJANI MANDAL

JUDGEMENT

(1.) These 18 appeals arise out of as many proceedings taken on the application of the landlord" for the settlement of fair rents, in other words, for the enhancement of rent, under Section 105 of the Bengal Tenancy Act. Under Section 105-A the tenants contended that they held at fixed rents. In 16 oases the tenants succeeded in both Courts below, and in two they succeeded in the 2nd Court. Hence these 18 appeals by the landlord.

(2.) In all the oases it has been established that the tenants and their predecessors have held at a rent which has not been changed during the 20 years immediately preceding suit and they are, therefore, prima facie entitled to the benefit of the presumption arising under seotion 50, Sub-section (2) of the Bengal Tenancy Act. In all the oases but one (Appeal No. 2181) Kabuliyats were executed by the tenants in the years 1295, 1296, 1297, or 1299. In eleven oases (Appeals, Nos. 218C, 2184-88, 2190-92, 2194, 2196), these Kabuliyats show that the holdings as now constituted were formed by the amalgamation of inherited holdings with holdings otherwise acquired. The holdings are nontransferable.

(3.) The contentions of the landlords-appellants before us then are, firstly, that in the eleven cases just referred to the presumption is rebutted inasmuch as the acquisition of a non- transferable holding represents the creation of a new tenancy, and, secondly, that in these eleven oases and in six others (that is, in all except Appeal No. 2181) the presumption is rebutted by the further terms of the Kabuliyat.