JUDGMENT

B.B. Ghose, J. - These appeals arise out of as many suits for rent at an enhanced rate on several grounds stated in the plaints. The Munsif made a partial decree in favour of the landlord, the plaintiff. On appeal by the defendants, the Subordinate Judge has dismissed the claim for enhancement on the ground that the suit for enhancement is not maintainable under the provisions of Section 109 of the Bengal Tenancy Act, the landlord having made applications u/s 105 of the Act before the Revenue Officer, on the authority of the case of Abeda Khatun v. Majubali Chowdhury 59 Ind. Cas. 760 : 48 C. 157 : 24 C.W.N. 1020 : 33 C.L.J. 304. The learned Vakil for the appellant argues before us that there is a difference of opinion with regard to the construction of Section 109, and contends that the case of Abed a Khatun v. Majubali chowdhury 59 Ind. Cas. 760 : 48 C. 157 : 24 C.W.N. 1020 : 33 C.L.J. 304 is distinguishable from the present case and that the other cases relied on by him support his contention that such a suit is maintainable, notwithstanding the provisions of; Section 109 of the Bengal Tenancy Act V Before deciding the question, it stem? to me that it is necessary to look