JATINDRA NARAIN ACHARJEA CHOUDHURY Vs. MALU HAJI

JUDGEMENT

(1.) This appeal is by the landlord who made an application under Section 105 of the Bengal Tenancy Act for a settlement of rent after the final publication of the Record of Rights.

(2.) The respondent who holds the land described in Khatian No. 43 said among other things that he held the land at a lump rental, and that he had been paying the same rent for upwards of twenty years and that he was, therefore, entitled to have his rent regarded as fixed.

(3.) The Courts below are agreed in finding that the respondent s allegations were proved, namely that he did hold the land at a lump rental, and that be bad paid the same rent for upwards of twenty years immediately before the institution of the proceedings, and he was, therefore, entitled to the benefit of the presumption given by Section 50 (2) of the Tenancy Act.