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Sarat Chandra Ghosh and ors. Vs. Entaz Sheik and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in38Ind.Cas.578
AppellantSarat Chandra Ghosh and ors.
RespondentEntaz Sheik and ors.
Excerpt:
construction of document - kabuliyat--ejusdem generis, scope of. - .....inundation, drought, failure of crops, etc. it is contended on behalf of the plaintiff that the word * * (increase) should be expunged as redundant because the reasons enumerated are reasons for decrease of rent only and the word * * * (etcetera) must be read on the principle of ejusdem generis. i think we cannot get rid of the word * * * (increase) in this way. the phrase * * * * (decrease and increase) is a word of very common occurrence in leases which are given * * * * * *, i.e., with a liability to decrease and increase and * * * (there is no decrease or increase) or words to that effect, meaning without decrease or increase. here the words are * * * * * * (decrease or increase shall not coma into force) and i think they clearly indicate the intention of the parties. i think that.....
Judgment:

D. Chatterjee, J.

1. The main question in this case is whether the defendants are raiyats with a fixed rent. The decision depends upon the construction of the kabuliyat by which it is stipulated that * * * ********** decrease or increase of jama shall not come into force for any reason (such as) inundation, drought, failure of crops, etc. It is contended on behalf of the plaintiff that the word * * (increase) should be expunged as redundant because the reasons enumerated are reasons for decrease of rent only and the word * * * (etcetera) must be read on the principle of ejusdem generis. I think we cannot get rid of the word * * * (increase) in this way. The phrase * * * * (decrease and increase) is a word of very common occurrence in leases which are given * * * * * *, i.e., with a liability to decrease and increase and * * * (there is no decrease or increase) or words to that effect, meaning without decrease or increase. Here the words are * * * * * * (decrease or increase shall not coma into force) and I think they clearly indicate the intention of the parties. I think that the meaning is that the rent shall not be decreased or increased for any reason and ordinary reasons for the decrease alone are given, the reason for increase having to be drawn from ''any reason' and etcetera.' The principle of ejusdem generis applies only when there is no indication to the contrary in the context and I think the word * * * increase is such an indication.

2. In this view of the construction of the kabuliyat, I agree with the, trial Court and would allow this appeal and decree *he suit with costs.

Walmsley, J.

3. I agree.


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