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Judgment
Asutosh Mookerjee, C.J.—These are appeals under Clause 15 of the letters patent, preferred on behalf of the tenants defendants in suits for arrears of rent. They resisted the claim of the plaintiff on the allegation that the rent had been unlawfully enhanced, in contravention of the "provisions of Section 29 of the Bengal Tenancy Act. It has been established that in 1305 they were found in possession of lands not included in the original tenancy, They thereupon agreed to pay a consolidated rent for the lands of the original holding as also the encroach-ed lands whereof they had taken possession without the consent of the landlord. This plainly constituted a new holding and Section 29 is not applicable in such circumstances, as is clear from the decision in Rat Kumar Sarkar v. Faizuddi Tarafdar 30 Ind. Cas. 283 : 22 C.L.J. 84. The substance of the matter is that Section 29 is applicable only where the holding remains constant. The view taken by Mr. Justice Cuming is clearly right and must be upheld.
The appeals are consequently dismissed, but without costs as no one appears for the respondents.
Fletcher, J.
I agree.