JUDGMENT

1. This is an appeal by the plaintiff landlord in a suit u/s 106, Bengal Tenancy Act, for correction of an entry made in the record-of-rights. In the record-of-rights the defendant is entered as holder of a permanent tenure held under a fixed rent. The tenancy is governed by the terms of a lease granted by Rajah Prithwi Ballabh Pal to Kadem Ali on the 16th February, 1862. The Courts below have come to divergent conclusions as to the true construction of this document. The trial Court held that the rent was not intended to be fixed in perpetuity. The lower Appellate Court has held that rent was fixed in perpetuity. The case now before us bears some resemblance to that of Hon'ble Raja Reshee Case Law Vs. Satish Chandra Paul, AIR 1922 Cal 123 . There, as here, the document was written in Ooriya character, possibly by a half literate scribe. The language of the document is a mixture of Bengali, Urdu and Ooriya. The document states, in the first place, the different classes of land, their area and rent payable in respect thereof. The area is then totalled and found to amount to 275 bighas 4 cattas and 14 chattacks. The aggregate rent is stated to be Rs. 65-8. This rent is descr