R.P.Mookerjee, J. - (1.) The pltf. applt. brought three suits for assessment of fair & equitable rent in respect of certain lands which had been recorded during the last Cadastral Survey as being liable to assessment. Arrears of rent with cesses & damages have also been claimed for the anterior period 1345-48 B. S. The suits were filed in the beginning of Baisakh 1349. The defts. raised various defences but the only one in issue in these appeals is whether in any suit for assessment of rent the pltfs. are entitled to obtain a decree for arrears calculated on the basis of the rates fixed in these proceedings. Both the Cts. refused to allow the claim for arrears & fixed the rent which would take effect from 1349 B. S. Hence these second appeals on behalf of the pltf.
(2.) It is contended on behalf of the applt. that these are suits for assessment of rent under the general law.
(3.) It is now undisputed that the right to have the rent assessed even in respect of agricultural lands is not limited to proceedings to be instituted under the Bengal Tenancy Act. This is a view consistent with & arises out of the general law & the land revenue system of the country : Dhananjoy v. Upendra Nath, 22 C. W. N. 685 : (A. I. R. (6) 1919 Cal. 989). Even before the Bengal Tenancy Act suits of this kind were known as suits for Kabuliats Ram Nidhee v. Parbutty, 5 Cal. 823 : (6 C. L. R. 362).;