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Binode Behari Mukherjee Vs. MaizuddIn Sareng - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal77(1),49Ind.Cas.255
AppellantBinode Behari Mukherjee
RespondentMaizuddIn Sareng
Excerpt:
bengal tenancy act (viii b.c. of 1885), section 153 - determination of annual rent payable--rate of rent--appeal, second, whether lies. - beachcroft, j.1. a preliminary objection is taken to the bearing of this appeal under section 153 of the bengal tenancy act, on the ground that the decree or order does not decide a question of the amount of rent annually payable by the tenants. the learned judge in his judgment stated that the plaintiff claimed that the rent was rs. 19-3-0 while the defendant alleged that it was rs, 14. he then remarked that the plaintiff had not made out his case and gave a decree at the admitted rate. the contention of the respondent that the decree or order does not decide the question of the amount of rent annually payable appears to me to be correct. the appeal is, therefore, incompetent and is dismissed with costs.
Judgment:

Beachcroft, J.

1. A preliminary objection is taken to the bearing of this appeal under Section 153 of the Bengal Tenancy Act, on the ground that the decree or order does not decide a question of the amount of rent annually payable by the tenants. The learned Judge in his judgment stated that the plaintiff claimed that the rent was Rs. 19-3-0 while the defendant alleged that it was Rs, 14. He then remarked that the plaintiff had not made out his case and gave a decree at the admitted rate. The contention of the respondent that the decree or order does not decide the question of the amount of rent annually payable appears to me to be correct. The appeal is, therefore, incompetent and is dismissed with costs.


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