JUDGMENT

1. These seventeen appeals arise out of as many proceedings, instituted by landlords under Section. 105 of the Bengal Tenancy Act for assessment of fair and equitable rent in respect of lands included in tenures held under them. The tenure-holders contended that they were entitled to the benefit of the presumption formulated in Section 50(2) of the Bengal Tenancy Act and were consequently protected from enhancement u/s 50(1). It was found that the original tenures had been subdivided with the consent of the landlords; each fragment was held at a proportionate rent and the aggregate rent was equal to the original rent. Not with standing this, the Revenue Officer held that the provisions of Section 50 were inapplicable to the disputed tenures, which must be deemed to be new tenures the rent whereof was liable to enhancement. On appeal, the Special Judge held that the sub-division of a tenure does not operate as a breach of the continuity of the tenure, if each fragment is held at a proportionate rent and the aggregate rent equals the original rent. The Special Judge, however, reviewed his decision and ultimately adopted the view taken by the Revenue Officer. We have now to co