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Sahar Munshi Vs. Jnanada Sundari Roy - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in57Ind.Cas.998
AppellantSahar Munshi ;garibulla Sheikh and Abu Sheikh
RespondentJnanada Sundari Roy
Cases ReferredRat Kumar Sarkar v. Faizuddi Tarafdar
Excerpt:
bengal tenancy act (viii of 1885), section 29, applicability of - landlord and tenant--enhancement of rent--tenancy, new, creation of, effect of. - .....it has been established that in 1305 they were found in possession of lands not included in the original tenancy, they thereupon agreed to pay a consolidated rent for the lands of the original holding as also the encroach-ed lands whereof they had taken possession without the consent of the landlord. this plainly constituted a new holding and section 29 is not applicable in such circumstances, as is clear from the decision in rat kumar sarkar v. faizuddi tarafdar 30 ind. cas. 283 : 22 c.l.j. 84.. the substance of the matter is that section 29 is applicable only where the holding remains constant. the view taken by mr. justice cuming is clearly right and must be upheld.2. the appeals are consequently dismissed, but without costs as no one appears for the respondents.fletcher, j.3. i.....
Judgment:

Asutosh Mookerjee, C.J.

1. These are appeals under Clause 15 of the letters patent, preferred on behalf of the tenants defendants in suits for arrears of rent. They resisted the claim of the plaintiff on the allegation that the rent had been unlawfully enhanced, in contravention of the 'provisions of Section 29 of the Bengal Tenancy Act. It has been established that in 1305 they were found in possession of lands not included in the original tenancy, They thereupon agreed to pay a consolidated rent for the lands of the original holding as also the encroach-ed lands whereof they had taken possession without the consent of the landlord. This plainly constituted a new holding and Section 29 is not applicable in such circumstances, as is clear from the decision in Rat Kumar Sarkar v. Faizuddi Tarafdar 30 Ind. Cas. 283 : 22 C.L.J. 84.. The substance of the matter is that Section 29 is applicable only where the holding remains constant. The view taken by Mr. Justice Cuming is clearly right and must be upheld.

2. The appeals are consequently dismissed, but without costs as no one appears for the respondents.

Fletcher, J.

3. I agree.


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