BIR BIKRAM KISHORE Vs. RAJJAH

JUDGEMENT

(1.) The Maharajah of Tipperah brought the suit in which this appeal arises for recovery of arrears of rent from the defendants for the years 1332--35 T.E. claiming rents at the rate of Rs. 8 9. He also prayed for enhancement of rent on the ground of the rise in the price of staple food crops under the provision of Section 30(b), Bengal Tenancy Act.

(2.) One of the defences to the claim for enhancement was that as the lands of the tenancy consisted of undivided share the defendants could not be regarded as tenants of a holding within the meaning of Section 30-B, Bengal Tenancy Act and as such the rent could not he enhanced under the provisions thereof.

(3.) The Munsif decreed the claim for arrears of rent but dismissed the claim for enhancement on the ground that one of the lands comprising the jama is held in undivided share by defendants and their cosharers. The plaintiff contended that it was not open to the defendants to raise the contention that the jama was not a holding by reason of a previous decision in a proceeding under Section 104, Ben. Ten. Act, as it stood before its amendment in the year 1893. This contention of the plaintiff was negatived by the Munsiff.