Kolkata Court April 1944 Judgments

Asmatennessa Bibi W/O Ekinali Vs. Karimaddi Bepari and ors.

Court: Kolkata

Reported in: AIR1944Cal376

Henderson, J.1. This appeal is directed against an Order of the Subordinate Judge rejecting an application under Section 26G, Ben. Ten. Act, which was allowed by theiiMunsif. The appellant purchased the equity of redemp. tion on 28th March 1929 a few days before the Bengal Tenancy Act, 1928, came into force. The language used by the learned Subordinate Judge might suggest that he thought that the transfer was not good even against the original mortgagor or mortgagee. Upon this basis ground No. 3 is taken in the grounds of appeal to this Court. On a perusal of the judgment however, I am satisfied that the learned Judge never intended to lay down any such proposition. He merely meant to say that the appellant was not entitled to the special privileges of this section. The transfer in the appellant's favour was not binding on the landlord. Mr. Barman, therefore, contended that as a result the appellant is not entitled to maintain the present application. His argument is that Section 26G, ...