The Calcutta Law Journal Short Notes of Cases Articles and other Matters August 1 1909

But that sort of eviction is not necessary to constitute a suspension of the rent because it is now well settled that if the tenant loses the benefit of the enjoyment of any portion of the demised premises by the act of the landlord the rent is thereby suspended. [...] This indeed may be a good reason why the whole rent service shall be suspended if the lord or lessor disseises or ousts his tenant or lessee of any part of the land ; because this is a wrongful act to which the tenant consented not and if it were not attended with a total suspension of the rent until he makes restitution of the land it Would be in the power of the lord or lessor to resume any [...] If the landlord dispossesses the tenant of a part of the land leased to hit* where should be no apportionment but a total suspension of rent for the reason that the whole rent is equally chargeable upon every part of the land demised (5). [...] Peacock C. J. of the Calcutta High Court observed.as fallows :— According to English law if the lands demised be evicted from the tenant or recovered by a title paramount the lessee is discharged from the payment of the rent from the time of such eviction and if he is evicted from part the rent is to be diminished in proportion to the land evicted." When the landlord took kabulyats from the [...] of the first lessee by the second by the procurement of the lanlord but that as the landlord in this case was found not to have acted ma' fide and the lessee so far from repudiating the lease kept possession of the remaining portion and even paid rent subsequently to the creation of the second lease the lessee could not in a suit for rent ask for suspension of the whole rent and was