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Rai Chowdhury Satish Chandra Mustafi and anr. Vs. Abdul Majid Mahamad and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in47Ind.Cas.780
AppellantRai Chowdhury Satish Chandra Mustafi and anr.
RespondentAbdul Majid Mahamad and ors.
Excerpt:
bengal tenancy act (viii b.c. of 1885), section 50(2) - presumption, rebuttal of, by statement in rent receipts that holding is sarasari--appeal, second--document, statement in, value of--high court, whether can interfere with finding of lower appellate court. - .....in holding that the landlords had not rebutted the presumption arising under section 50 of the bengal tenancy act. the tenants have proved that their rent has been unchanged for over 50 years, and' the learned judge remarks that it is exceedingly improbable in that view that the tenancy was originally a temporary one. 'what is relied on is this, that the word sarasari appears in some rent receipts. the learned judge states that the mere statement in some rent receipts that the holding is sarasari would not be, in his opinion, sufficient to rebut the presumption under section 50 of the bengal tenancy act. the learned judge, in my opinion, was clearly entitled to come to that conclusion. the weight to be attached to a statement in a rent receipt or any other document is obviously a.....
Judgment:

Fletcher, J.

1. This appeal is preferred by the plaintiffs against the decision of the learned Special Judge of Jalpaiguri, dated the 20th November 1916, ' affirming the decision of the Assistant Settlement Officer of the same place. The only question is whether the learned Judge of the Court of Appeal below was right in holding that the landlords had not rebutted the presumption arising under Section 50 of the Bengal Tenancy Act. The tenants have proved that their rent has been unchanged for over 50 years, and' the learned Judge remarks that it is exceedingly improbable in that view that the tenancy was originally a temporary one. 'What is relied on is this, that the word Sarasari appears in some rent receipts. The learned Judge states that the mere statement in some rent receipts that the holding is sarasari would not be, in his opinion, sufficient to rebut the presumption under Section 50 of the Bengal Tenancy Act. The learned Judge, in my opinion, was clearly entitled to come to that conclusion. The weight to be attached to a statement in a rent receipt or any other document is obviously a matter within, the cognisance of the learned Judge and, he having arrived at that conclusion, I do not think we are entitled to displace the finding he has arrived at. The appeal fails and is dismissed with costs.

Panton, J.

2. I agree.


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