Haribole Brohmo and another vs Tasimuddin Mondul and another

This is an appeal from a decision of the Subordinate Judge of Nuddea, dated the 6th April 1896. The circumstances, out of which this litigation arose, are as follows :--The Defendants hold lands under several landlords, and they divided them into two parties and gave kabuliyats to both parties. The Subordinate Judge found that as regards the present Plaintiffs the kabuliyat given to them was never acted upon and was never intended to be acted upon. Therefore the Plaintiffs have got no rights under that document, and if the enhancement claimed by them is to he allowed at all, it must be allowed under the law, that is, the present Bengal Tenancy Act. Then comes a difficulty. The enhancement claimed is only in respect of an undivided eight annas share of certain lands, and the difficulty is that this undivided share certainly does not fall within the definition of holding given in the Bengal Tenancy Act. It is clear, therefore, that sec. 30 of the Act does not apply to an enhancement of rent of such a share. What would be the result if the Plaintiffs had sued for enhancement of rent of the whole tenure instead of an undivided eight annas share, it is unnecessary for us to decide at present.

We therefore decree this appeal, and setting aside the decree of the lower Court, dismiss the suit with costs in all the Courts.