JUDGMENT

1. In these appeals the question raised is whether the appellant is entitled to enhancement of rent u/s 304 (b), Bengal Tenancy Act. He applied u/s 105, Bengal Tenancy Act, for settlement of fair and equitable rent and claimed enhancement of the rent of the holdings to which these appeals relate on the ground of rise in the price of staple food crops. The Revenue Officer, as well as the Special Judge on appeal, have dismissed the plaintiff's claim. The Revenue Officer records his reason in these words " Serials, 2, 14 and 28 consist of bastus, dobas, nalas, patits, &c., growing no agricultural crop. So in these cases no enhancement u/s 30 (b) is allowed at all." The learned Special Judge on appeal observes, it appears, that all the above serials except 48 are homesteads, ditches, and nalas, patit, growing no agricultural crop. I think that the lower Court was right in disallowing enhancement u/s 30 (b). It has been decided in many cases in this Court that the fact that a certain holding consists of homesteads, or patit lands or lands which yield no crop is no ground for disallowing enhancement of the rent of the tenancy. The authority for this view is to be found in the cas