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Khitish Chandra Lahiri Vs. Versus Gerpa Hazra - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in15Ind.Cas.878
AppellantKhitish Chandra Lahiri
RespondentVersus Gerpa Hazra
Excerpt:
landlord and tenant - rent stated in kabulyat--partition kept in abeyance or hajat for certain year--landlord suing for full amount--enhancement--bengal tenancy act (viii of 1885), section 29. - .....rs. 23 was not legal and have accordingly given the plaintiff a decree for rent at the rate of rs. 8 odd.3. the plaintiff has appealed to this court. it appears to us that the stipulations in the kabulynt, to which we have referred, area mere device to defeat the provisions of section 29 of the bengal tenancy act. under that section the money-rent of anopcupancy raiyat
Judgment:

1. This appeal arises out of a suit for rent based on a kabulyat dated the 5th Magh 1300 B. S. In that kabulyat, it was stated that the rent of the holding was Rs. 23 odd, that the sum of Rs. 14 odd was to be kept in abeyance and that for three years the tenant would be liable to pay the rent of Rs. 8 odd. At the end of that time, he was to take a fresh settlement and execute a fresh kcbulyat and if he did not do so, he was to be liable for rent at the rate of Rs. 23.

2. The Courts below have held that this raising of the rent from Rs. 8 to Rs. 23 was not legal and have accordingly given the plaintiff a decree for rent at the rate of Rs. 8 odd.

3. The plaintiff has appealed to this Court. It appears to us that the stipulations in the kabulynt, to which we have referred, area mere device to defeat the provisions of Section 29 of the Bengal Tenancy Act. Under that section the money-rent of anopcupancy raiyat


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