JUDGMENT

Majumdar, J. - This application arises out of an application for revision by the defendant in a rant suit. The facts which give1 rise to the present application are as follows. The defendant-tenant held 13 jamas under the plaintiff. There was settlement and survey under the Bengal Tenancy Act, and the record was prepared by the settlement officer, and these 13 jamas were amalgamated and the rent shown to be Rs. 170 odd. After the final publication of the record an application was made by the landlord u/s 105. Bengal Tenancy Act, for assessment of fair and equitable rent. The tenant-defendant filed objections in that proceeding. The objection being that he did not hold one jama, but 13 separate jamas under the landlord, and the settlement officer was wrong in consolidating those jamas without his consent. The proceeding is still pending, the settlement officer not having come to any decision, whatsoever, upon that application. In the meantime, the landlord instituted a rent suit with reference to one of those holdings. The learned Munsif held that the present suit is not maintainable, regard being had to the provisions of Section 109, Bengal Tenancy Act. There was an applica