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Uma Singh and ors. Vs. Rai Tarini Prosad Bahadur - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1914Cal799,25Ind.Cas.532
AppellantUma Singh and ors.
RespondentRai Tarini Prosad Bahadur
Excerpt:
bengal tenancy act, (viii of 1885), section 52(6), presumption under - rent determined by reference to area--consolidated rent. - 1. it appears to us that this is really a very simple case and one which we can dispose of very briefly. if once it be held that the court was entitled to make the presumption permitted, though not made obligatory, by sub-section (6), it follows that the rent is one to be determined by reference to the area and is not a consolidated rent. the first point, therefore, to determine is whether the court was entitled to make the presumption; we think it was. if that be so, we think there is an end of the case because it supports the conclusion that the rent was not consolidated but one to be determined by reference to the area. the area has been found and justifies the conclusion of the lower appellate court.2. we must, therefore, dismiss the appeal with costs.
Judgment:

1. It appears to us that this is really a very simple case and one which we can dispose of very briefly. If once it be held that the Court was entitled to make the presumption permitted, though not made obligatory, by Sub-section (6), it follows that the rent is one to be determined by reference to the area and is not a consolidated rent. The first point, therefore, to determine is whether the Court was entitled to make the presumption; we think it was. If that be so, we think there is an end of the case because it supports the conclusion that the rent was not consolidated but one to be determined by reference to the area. The area has been found and justifies the conclusion of the lower Appellate Court.

2. We must, therefore, dismiss the appeal with costs.


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