Permanent deterioration for rent abatement is judged by current conditions, not by possible future restoration.

Rent abatement under Section 38 of the Bengal Tenancy Act depends on whether the land has suffered a permanent deterioration judged by existing conditions, not by the mere possibility of future restoration. A present and real deterioration is not negated because the condition may later change, and sand-covered land can satisfy the statutory test. The discussion also notes that a reference to Section 52 does not alter that conclusion where it does not affect the issue actually argued. The practical effect is that abatement remains available when the land's current state meets the permanence requirement on the facts.

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Issues: Whether rent abatement under Section 38 of the Bengal Tenancy Act was available where the land had deteriorated by being covered with sand, although the condition might later change.

Analysis: The word "permanent" in Section 38 must be construed with reference to existing conditions. A deterioration is not denied permanence merely because it may possibly be removed in some future contingency. On the facts, the sand-covered land satisfied that test, and the earlier statement that future restoration of rent would follow if conditions changed did not affect the present entitlement to abatement. The reference to Section 52 did not alter the conclusion on the issue actually argued.

Conclusion: The respondents were entitled to abatement of rent under Section 38 of the Bengal Tenancy Act.

Final Conclusion: The appeals failed, and the decree for abatement was maintained.

Ratio Decidendi: For the purpose of rent abatement, "permanent" deterioration is to be judged by existing conditions, and a present and real deterioration is not displaced by the mere possibility of future restoration.

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