Kolkata Court April 1903 Judgments

Ali Mohammad Bepari Vs. Nayan Rajah Bhuiya

Court: Kolkata

Reported in: 13Ind.Cas.912

1. The suit, out of which this appeal arises, is a suit brought by a raiyat to eject an under-raiyat. The raiyat gave the under-raiyat a lease for nine years, and it was stipulated that, after the expiry of the term of nine years, the raiyat would give the under-raiyat a fresh lease of the land. Now, the raiyat seeks to eject the under-raiyat, and, in the lower Appellate Court, it was argued that this lease was in contravention of the terras of Section 85 of the Bengal Tenancy Act; but the learned District Judge has pointed oat that the Section only lays down that a lease in favour of an under-raiyat for more than nine years, should not be valid as against the landlord, that is, the raiyat's landlord. But it does not mean to lay down that such a stipulation as the parties to this case entered into, shall be null and void. We think on this point the learned Judge's judgment is quite correct. Then, the learned Vakil for the appellant has raised another plea before us, namely, that althou...