https://www.taxtmi.com/caselaws?id=293083 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. en-us Thu, 28 Jan 1915 00:00:00 +0530 Fri, 22 Jan 2021 13:33:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293083 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. Case-Laws Indian Laws Thu, 28 Jan 1915 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293083