1915 (1) TMI 1

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.... a finding by the Courts below that the respondents will have to pay rent as fixed by the Settlement for karary land, if the land re-appears or gets covered with earth. There were two descriptions of land in suit, and it is admitted that as far as the land that has been washed away is concerned, the abatement is permanent bat it should Lave been made under Section 52, and not under Section 38. ....

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....ay with the effect of Section 38 altogether, and this was clearly pointed out in the case of Gouri Pattra v. Beily 20 C. 579 at p. 586. The learned Judges, say: We think the Judge is wrong: He seems to think that a deterioration ought not to be held to be permanent if by the application of capital and skill the cause of the deterioration might be removed. We are of opinion that a more liberal inte....