IBRAHIM ALI Vs. THE STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) THE petitioner was a tenant under the landlords of Hasanpur Estate of Dewan Abdul Haque Choudhury of Village Hasanpur. Pargana Chapghat. District Cachar. The said estate was a permanently settled estate within the meaning of the Assam State Acquisition of Zamindaries Act, 1951, hereinafter called 'the Act'. The estate was acquired by the State of Assam under the provisions of the Act on 3 -3 -1966 and under Section 4 of the Act the estate got vested in the State of Assam, which provides for consequences of such notification. The Deputy Commissioner demanded enhanced rent from the petitioner as also from a large number of Respondents who are impleaded in this case and who appeared through Counsel to support the case of the petitioner.

(2.) IT is admitted that the petitioner was paying rent to the erst -while landlord at the rate of -11/ - annas per Kedar. It is further admitted that the Deputy Commissioner by notification has increased this rent per Kedar to Rs. 2.50 land revenue and 25 p. local rate. The petitioner's short submission is that the Deputy Commissioner is not competent under sub -section (6) of S. 4 of the Act, as amended by the Assam Act VI of 1954, to enhance the rent, as has been done in this case. Our attention is drawn to that sub -section which may be quoted: -

(3.) THE petitioner's application is accordingly allowed and the order enhancing the rent and the notice issued thereafter in pursuance thereof are quashed. There will be no order as to costs.