JUDGMENT

Asutosh Mookerjee, J. - This is an appeal under Clause 15 of the Letters Patent from a judgment of this Court in an appeal preferred u/s 109A of the Bengal Tenancy Art, in the course of a proceeding u/s 103.

2. It appears that in 1915, a Record of Rights was prepared which contained an entry to the effect that the defendants respondents were occupancy raiyats. The landlords appellants thereupon instituted the present proceeding for enhancement of rent on the ground that the prevailing rate was higher than that paid by the tenants. The tenants resisted the claim on the ground that they held at a rent or rate of rent which was fixed in perpetuity and that their rent was consequently not liable to enhancement, The Settlement Officer gave effect to the contention of the landlord and allowed the claim for enhancement. Upon appeal, the Special Judge upheld the defence and dismissed the claim for enhancement. On appeal to this Court. Mr. Justice Teunon held that the judgment of the Special Judge was not liable to be challenged in second appeal as erroneous in law. Mr. Justice Huda, on the other hand, came to the conclusion that the view of the Special Judge was based upon an errone