JUDGMENT

Ashutosh Mookerjee, Acting C.J.

1. This is an appeal by the tenants defendants in a suit for enhancement of rent of a tenure and for recovery of rent at the enhanced rate.

2. The Court of first instance refused the claim for enhancement and made a decree for arrears at the existing rate.

3. Upon appeal the Subordinate Judge has granted an enhancement and made a decree for arrears at the enhanced rate.

4. In support of the present appeal, it has been contended that the claim for enhancement was not maintainable, in view of the provisions of Section 109 of the Bengal Tenancy Act. In our opinion, this contention is well founded.

5. Section 109 provides as follows, "subject to the provisions of Section 109A. (which relates to appeals from decisions of Revenue Officers), a Civil Court shall not entertain any application or suit concerning any matter which is or has already been the subject of an application made, suit instituted or proceedings taken under Sections 105 to 108 (both inclusive)." It appears that on the 14th May 1907 the plaintiffs made an application u/s 105 for enhancement of the rent of the tenure, on the grounds that the rent payable was lower than the prevailing rat