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Chandi Charan Law Vs. Meher Banu and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in91Ind.Cas.1016
AppellantChandi Charan Law
RespondentMeher Banu and ors.
Excerpt:
bengal tenancy act (viii of 1885), sections 105, 110 - landlord and tenant kabuliyat providing for payment of additional rent for additional area--proceeding taken by landlord for settlement pf fair rent for additional area--back rents, whether can be recovered on basis of kabuliyat. - .....settlement of fair remits in respect of the taluk and the four jotes on the ground of additional rent for additional area. the settlement officer has given an increase i rent for the increased area. the landlord has now sued for rent of the original area plus the back rents for the additional area which has been found to be in the defendants' possession by the settlement officer. the lower courts have allowed the plaintiff's claim so far as regards the rent for the original area, but have disallowed his claim for additional rent for the additional area on the ground that as the plaintiff had proceeded under section 105 of the bengal tenancy act, the increased rental took effect from the beginnings of the agricultural year next after the late of the decision and that, therefore, his.....
Judgment:

1. These five appeals raise a point of some importance. The plaintiff in all the five appeals is the landlord and he sues for arrears of rent of 1323, 1324, 1325 and 1326 B.S. in respect of a certain taluk and four jotes. The suit for rent was brought under the terms of a kabuliyat for addition al rent for an additional area which had been found in certain settlement proceedings under Section 105 of the Bengal Tenancy Act. It would appear that there were certain settlement proceedings under Chapter X of the Bengal Tenancy Act and during the course of those proceedings the landlord applied under Section 105 for settlement of fair remits in respect of the taluk and the four jotes on the ground of additional rent for additional area. The Settlement Officer has given an increase I rent for the increased area. The landlord has now sued for rent of the original area plus the back rents for the additional area which has been found to be in the defendants' possession by the Settlement Officer. The lower Courts have allowed the plaintiff's claim so far as regards the rent for the original area, but have disallowed his claim for additional rent for the additional area on the ground that as the plaintiff had proceeded under Section 105 of the Bengal Tenancy Act, the increased rental took effect from the beginnings of the agricultural year next after the late of the decision and that, therefore, his claim for additional rent for the additional area for the period previous to the decision was not sustainable.

2. The learned Advocate appearing for the appellant landlord has contended that even though under the terms of Section 110, the additional rent would be realizable from the agricultural year next; after the date of the decision of the Settlement Officer, still under the terms of contract he is entitled to additional area for the additional area for the three years preceding the date of the Settlement Officer's decision and that, the Settlement Officer's decision is no bar to the plaintiff's suing for additional rents. We are, however, of opinion that the decision of the learned District Judge is correct Section 110 of the Bengal Tenancy Act provides that 'when a rent is settled by a Revenue Officer sunder this Chapter, it shall take effect from the beginning of the agricultural year next after the date of the decision fixing the rent'.

3. Now, it was open to the plaintiff to have waited until the filial publication of the Record of Rights; and, he could, then, three months after the final publication have brought a suit on the contract. He did not, however, choose to do so He elected a remedy which was also open to him, namely, to apply under Section 105 and having done so, he is bound by the terms of Section 110 which provides that such settlement of rent shall take effect from the beginning of the agricultural year next after the date of the decision fixing the rent; but haying proceeded under Section 105, it was not open to him to sue on the contract for the back rents of the additional area. This being so, the decision of the learned District Judge is correct and these five appeals are dismissed.

4. As the respondents do not appear we do not make any order as to costs of these appeals.


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