The Law of Landlord and Tenant, as Administered in Bengal, with ACT VIII., 1869, of the Bengal Council. the Rulings of the High Court Have Been Brough

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870. Excerpt: ... 2nd.--He can wait until sued by the landlord for the enhanced rent, and then plead in answer to the claim that the amount is higher!than the landlord is entitled to demand. When a ryot takes the initiative, and brings a suit to contest his Burden of liability to pay the rent demanded in the notice, it has been doubted 'J.,/l'l' whether the burden of proof lies upon him or the landlord. Thero 'et'j n J, are rulings of the High Court both ways (1.) To understand the, l lmnll ird Bubjecfrightly, this Section must be read with Section 5. Section demanding l4 enacts that in cases of dispute, the rate previously paid by an enhanced rent, occupancy-ryot shall be deemed to be fair and equitable, unless the contrary be shewn in a suit by either party under the provisions of this Act; that is to Bay, if a ryot claims an abatement of rent, ho must shew that circumstances have occurred to render the previous rate unfair and inequitablo; while on the contrary, if the landlord i dissatisfied with the rent previously received, he must prove that he is entitled to more. The present Section makes no alteration in the substantive law, it merely provides two forms of action by which the right to enhance can be tried. Tlio law presumes that the rent Previously paid is fair and equitable, and the landlord, who claims an enhanced rent, must rebut the presumption. When a ryot with a right of occupancy has received a notice of enhancement, he is entitled under this Section to go at once to the Court and say, -- I have been served with a notice of enhancement, but the law presumes that the rent I have always paid is fair and equitable, and I demand a decree declaring my right to hold at that rate; and unless tho landlord can rebut the presumption...