Before Amiruddin Ahmed, J.
SAFI-UD-DIN KAZI and others – Appellants
PRANAB CHANDRA ROY CHOUDHURY and others – Respondents
Second Appeal No. 1320, of 1943, decided on 2nd August, 1948.
Bengal Tenancy Act (VIII of 1885), Ss. 51, 103 (b) – Rate of rent mentioned in kabuliyat higher than that stated in Record of Rights – Later, decree also obtained at rate mentioned in kabuliyat – Presentation of correctness of Record of Rights, whether displaced by decree.
Reliance was placed in the trial Court on behalf of the plaintiffs on a kabuliyat mentioning a higher rent than that mentioned in the Record of Rights, also on a rent decree obtained by the plaintiffs against the defend ants, which was passed ex parte in their favour, but was put into execution and a sum of Rs. 100 was realized by execution from the defendants.
The defendant relied on the Record of Rights. [p. 38].
Held, that the presumption raised by the Record of Rights under section 103 (b), subsection (5) of the Bengal Tenancy Act is impaired by the later presumption raised under section 51, by the decree. The decision in a previous rent suit as to the rate of rent, although it does not operate as res judicata in a suit for rent for subsequent year, does give rise to a presumption under section 51 of the Bengal Tenancy Act that the rent for subsequent years remained the same. [p. 40].
The Record of rights was presumptive evidence of the state of things as they existed at the time of the final publication and at the date when the cause of action arose. [p. 40].
When there are two conflicting presumptions arising with regard to the same matter, the latter in date should prevail. [p. 40].
43 C. W. N. 869, 2 C. W. N. 47, 6 C. W. N. 589 and 38 C. W. N 763 referred to.
(b) Interpretation of Statutes – General and special law – Special law will prevail.
The well-established rule is that; wherever there is a special and general principle of law applicable to a certain matter, the special law well prevail. [p. 39].
Azizul Islam and Khnodkar Muhammad Hasan, for Appellants.
Amarendra Mohan Mitra (with him Messrs. Dwijendra Narain Ghose and Prusun Chandra Ghose), for Respondents.