JUDGMENT

1. This is an appeal by the landlord in a proceeding u/s 105 of the Bengal Tenancy Act, for enhancement of rent. The tenant pleaded that the rent was fixed in perpetuity, and this contention has been accepted by both the Courts below.

2. On the present appeal, stress has been laid upon the observation of Sir James Colvile in Bamasoondery Dassyah v. Radhika Chowdhrain 13 M.I.A. 248 : 13 W.R.P.C. 11 : 4 B.L.R. P.C. 8 : 2 Suth. P.C.J. 293 : 2 Sar. P.C.J. 524 : 20 E. R.544 that a suit to enhance rent proceeds on the presumption that a Zemindar holding under the perpetual settlement has the right, from time to time, to raise the rents of all the rent paying lands within his Zemindary, according to the Purgannah or current rates, unless either he is precluded from the exercise of that right by a contract binding on him, or the lands in question can be brought within one of the exemptions recognised by Bengal Regulation VIII of 1793. Let it be conceded that the burden thus lies on the tenant to establish that the landlord is precluded from exercising the right to enhance rent by a contract binding on him. Fortunately we have in this case the contract of tenancy, dated the 3rd Septe