JUDGMENT

Trevor, J. - Before proceeding to answer these questions, it will be well to notice certain objections which have been taken to the form of the present action. An action for enhancement of rent, it has been contended, can only be maintained after a notice has been formally served on the tenant in accordance with the provisions of section 13 of Act X of 1859; that a suit for a kabuliat, at an enhanced rate prospectively, is not maintainable at all, or, if maintainable, can only be decreed for one year; that under the law the tenant is entitled to know the terms on which he is to be permitted to occupy, before he is dragged into Court, whereas by the admission of a suit like the present the tenant is harassed with law proceedings and law costs, when he has never given the plaintiff any cause of action, and possibly never intends to occupy the lands at all. These objections, I think, are not well-founded. The ordinary and most proper mode of proceeding to be adopted by a zamindar or other person wishing to enhance the rent of his tenant is, doubtless, by a notice u/s 13 in the first instance, and then by a suit for the recovery of that rent, to be brought within the term speci