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TMI Blog1915 (1) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Still the fact remains that even this land, as the Subordinate Judge points out, ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 interpretation must be put on the word and it must be construed with reference to exist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [3] Both the Courts below have given the decree for abatement as asked for, and it is not necessary to vary the decree in any way merely because we consider that the passage in both the judgments stating what will be the rent in some future contingency, which has not arisen, must be expunged. [4] The result is that the appeals are dismissed. But as the point was one which could fairly be rai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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