The Calcutta Weekly Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday June 12 1922

The application for enhancement of the rent of a tenure recorded as held at a fixed rent must therefore contain an allegation that the entry is incorrect and thus involves a dispute regarding an -entry in the record-of-rights within the meaning of sec. [...] The only difference: between tenure-bolder at varable rent and a tenure-holder at fixed rent is that the rent of the former is variable while that of the latter is fixed. [...] (f) of the section is indicated by the expression " any right of way Or other easement attaching t') the land " folowing the expression " special conditions and incidents of the tenancy " in the clause for by the well-known canons of construction the tw' exp e sions must he read eiusdem aeneris. [...] The issue " what should be the fair and equiable rent " if put to analysis resolves itself into the issue " should the existing rent be allowed to continue or should it be enhanced or reduced?" The latter issue again involves the issue " Is the rent liable to variation?" Thus the issue " Is the rent liable to variation?"— becomes one of the standard issues triable in proceedings under sec. [...] Now the contrversy that arises when the landlord seeks ehancement of rent from a tenure-holder rcorded as one at fixed rent on the allegation that the entry in the record-of-rights is incorrect and that the tenure-holder is in reality merely one at variable rent and he is opposed by the tenure-holder on the allegation that the entry is correct and that he is in reality a ' tenure-bolder