SHARIF-UN-NESSA CHOWDHURANI Vs. SASADHAR MOULIK

JUDGEMENT

(1.) These are second appeals in suits to recover rents for two periods. Appeals Nos. 1141 to 1158 refer to the years 1309 to 1312, and Appeals Nos. 32 and 119 to 131 refer to the Ashar kist of 1313.

(2.) With reference to the suits out of which these appeals have arisen, the Court of first instance observed that the presumption of Section 103(B) of the Bengal Tenancy Act had been rebutted by the decrees produced by the defendants; and, in dismissing the appeals in these suits, the lower appellate Court states "the defendants have filed copies of the decrees obtained by the plaintiff in 1901 which is much later than the date on which the said khatian was prepared. The plaintiff has been given decrees according to the decrees obtained by her in 1901".

(3.) It is a fact that the record-of-rights under the Bengal Tenancy Act, in respect of the lands in suit, was published on the 31 December 1898. Consequently the decrees in the rent suit of 1901, were subsequent to that date, and the khatian ought to have been considered in any subsequent litigation; therefore, the presumption of Section 103(B) would naturally, we do not say that it did, operate until the Court had arrived at a couclusion in the litigation of 1901.