RAM CHARAN PAL CHOWDHURY Vs. SRIMATI EKADASHI DASI

JUDGEMENT

(1.) These three appeals arise out of three suits brought by the plaintiffs to recover rents for the years 1305 to 1308 from the defendants. In the Courts below the question was raised whether the plaintiffs were entitled to rents at the rates claimed because they had in 1299 enhanced the original rentals beyond the limits fixed by the provisions of Section 29 of the Bengal Tenancy Act.

(2.) The Court of first instance after a remand came to the conclusion that the plaintiffs had enhanced the rents in 1299 beyond the limit provided by Section 29 of the Bengal Tenancy Act. The plaintiffs then appear to have set up in opposition to this ground of defence two contentions-one was that at the time of the commencement of the tenancy there had been an agreement by which the tenants had consented to the enhancement in 1299 of the rentals up to the rate claimed in the suit: the other was that under proviso I to Section 29 of the Act the plaintiffs were entitled to recover the rents at the rate claimed because they had been realising rents at that rate for a continuous period of not less than 3 years immediately preceding the period for which the rent is claimed in the present suit.

(3.) The lower Courts have found that the plaintiffs have failed to prove that there was any such agreement as that alleged at the time of the creation of the tenancy; also that the plaintiffs have failed by their evidence to substantiate the contention that they had been recovering rent at the rates claimed for a continuous period of not less than 3 years immediately preceding the period for which the rent was claimed.