Law:

Section:

Revision -Jurisdiction of Commissioner and Board n' Revenue-Concurrent-Presumptions law made by Commis sioner contrary to Law-Material irregularity-Revision competent.   ORDER   The respondents Mosam-Khan etc., who are tenants of the land in dispute situated in village Paniala, District D. 1. Khan, brought a suit for a declaration that they were occupancy tenants under section 8 of the Tenancy Act, as the result of an agree ment between the predecessors-in-interest of the parties. The Assistant Collector dismissed the tenants' suit and their appeal was also dismissed by the Collector. In revision the learned Additional Commissioner intervened and held that the predecessors in-interest of the parties had entered into an agreement in, 1898, as a result of which the tenants' predecessors were given rights of occupancy on payment of 1/4th batai. The following two important points in the Additional Commissioner's decision deserve mention :- - '   The possession of the tenants was found by him to have been not continuous asentries in the Jamabandis of 1912-13 and 191E-17, showed that parties other than the predecessors of the tenants were in possession of the suit land. The learned Additional Commissioner, however, observed as following :-   "The short break in their possession as recorded in the Jamabandis of the years 1912-13 and 116-t7, can safely be ignored and. it may be presumed, that the land has always been in the possession of this family. Such minor mistakes are likely to occur in revenue papers and have to be inter preted in favour .of the family which has been in possession for the longest period."   The entries regarding payment of rent have also changed from 1/4th to 1/3rd andthis change took place in the year 1932-33. The Additional Commissioner again observed as follows:   "Regarding batai, I would observe that both under the old and new law the rate can not be enhanced except with the concept of the landlord and the tenant. As the tenant had agreed in the year 1898, not to pay rent at a rate higher than I/4th it was not likely that he would agree to its enhancement in the year 193-33.…