Kolkata Court February 1935 Judgments

Rai Satyendra Nath Ray Chaudhury Bahadur Vs. Pramananda Haldar and ors ...

Court: Kolkata

Reported in: 164Ind.Cas.437

R.C. Mitter, J.1. This appeal is on behalf of the plaintiff in a suit for recovery of arrears of rent and for enhancement of rent under Section 30 (6) of the Bengal Tenancy Act. So far as the last mentioned claim is concerned, there is no controversy before me. The controversy is only with regard to the rate of rent of the holding in suit.2. The plaintiff in the plaint as originally filed claimed rent at the rate Rs. 12-15-10 per year in accordance with the entry made in the Record of Rights published under Chap. X of the Bengal Tenancy Act. On August 1, 1930, he amended his plaint. By the amendment he introduced the case that the incidents of the holding was governed by a registered kabuliyat, dated 2nd Assar 1312 executed by the predecessors of the defendants in favour of his predecessor-in-interest wherein there was a stipulation to pay rent at the rate of Rs. 16-11-6 a year. By the amendment ha laid his claim at a rate of Rs. 916-11-6. On September 15, 1930, the defendants filed th...