UPENDRA NATH SEN Vs. KAMESWAR KOLITA

JUDGEMENT

(1.) This is an appeal in a suit to recover arrears of rent. The Judge of the Assam Valley Districts having allowed the plaintiffs local rate at one anna in the rupee, instead of at one anna and a half in the rupee, as claimed, and having disallowed damages on the arrears of rent, the plaintiffs appeal, and, on their behalf, the contentions raised refer to the two matters we have just mentioned.

(2.) The Judge observes that legally the plain-tins ought to get only one anna in the rupee, though for a long time they have been realising at If annas.

(3.) The Assam Local Rates Regulation 1879, provides ( Section 17) that a landholder may realise from the tenant a part of such rate in certain proportions, and Section 3 of the Regulation provides that the maximum rate cannot exceed 1 anna 4 pies for every rupee of the annual value of the land. From a note in the Land Revenue Manual, published under the authority of the Local Government, it appears that the maximum rate at present imposed is one anna in the rupee. Consequently, the finding of the Judge of the Court below admits of no dispute and is evidently based on the law of the Regulation.