JUDGMENT

Walmsley, J. - These appeals are preferred by the defendants and they arise from suits brought by the landlord for rent and for enhancement of the existing rents. The landlord's claim was made u/s 7 of the Bengal Tenancy Act.

2. In the record-of-rights the tenures were described as permanent, but gar mokurari. The defendants asserted that the latter part of the entry was erroneous and that their rents were really fixed.

3. After the publication of the record-of-rights the landlord presented an application u/s 105 of the Tenancy Act for settlement of a fair rent on these tenures: But he withdrew the application and obtained from the Settlement Officer an order permitting him to institute civil suits for the same purpose.

4. Both the Courts below have held that Section 109 of the Tenancy Act does not bar the suits, on the ground that the application u/s 105 was withdrawn with permission to bring civil suits. On the merits, however, they disagreed, that is so far as the claim for enhancement is concerned. The first Court found that the defendants were entitled to a presumption u/s 50 of the Act, while the appellate Court held that the defendants could not claim the benefit of tha