Rani Durga Sundabi Dasi vs Bibi Umdatan Nissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1872 Supreme(Cal) 37

Rani Durga Sundabi Dasi – Appellant
Versus
Bibi Umdatan Nissa – Respondent

JUDGMENT

Sir Richard Couch, Kt. C.J.

1. This suit was brought in the Court of the Deputy Collector of Jessore under cl. 4, s. 23 of Act X of 1859, for arrears of rent at an enhanced rate, of land held by the defendant in the Jessore Bazar. The land was occupied by a building, which was admitted to be the property of the defendant, and no part of the rent claimed was alleged to be due on account of the building. When, or under what circumstances, the building was erected does not appear. The Deputy Collector made a decree for rent at an enhanced rate, which was reversed by the Officiating Judge of Jessore on the ground that the suit should not have been brought under Act X of 1859. He seems to have considered it as a suit for the rent of a house which it was not, but possibly he may have, meant the rent of the land upon which the house stood. On special appeal to this Court the learned Judges by whom the case was heard were divided in opinion,--Glover, J., holding that the rent of land used for building purposes cannot be enhanced by a suit under Act X of 1859, and Mitter, J., holding that a suit for arrears of rent of land, although it was occupied by a building, was within cl. 4 of

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