ANATH NATH MITRA Vs. MIDNAPUR ZEMINDARY CO LTD

JUDGEMENT

(1.) The appellant is a defendant in a suit for the recovery of enhanced rent. It has been conclusively determined that he is a tenure-holder and not a raiyat and the only question that remains for decision is, whether the rent he pays is liable to enhancement. The Subordinate Judge of the first Court at Midnapur held that the rent was enhancible and dismissed the suit. This decree has been reversed by the District Judge.

(2.) From the decree of the District Judge the present appeal has been preferred. Among the points urged in opposition to the appeal is the contention that the conclusion of the District Judge is on a question of fact and so it cannot be questioned in an appeal from appellate decree.

(3.) To appreciate this argument it is necessary to observe what the conditions are which bear on the question of enhancibility of rent. Variableness is the normal condition and even the naming of a sum is not conclusive against this.