Court : Kolkata
Reported in : (1902)ILR29Cal537
..... 1 (raghunandan sahi) a certain sum of money as tuccavi under the agriculturists' loans act (xii of 1884), and the defendant executed a bond in favour of the government, hypothecating his nagdi malikana right to eight annas of taluk banapur, bearing towji no. ..... affect the statutory right of the government under the public demands recovery act; and that, although a sale under a certificate filed under the latter act ordinarily operates as a conveyance of the right, title, and interest of the judgment-debtor, the proceedings leading to the sale in the present case having been for money recoverable under section 5 of act xii of 1884 as arrears of land revenue, and the property having been expressly hypothecated lie, as the ..... it has also been contended that, having regard to the provisions of section 99 of the transfer of property act (iv of 1882), the government as a mortgagee could not sell the hypothecated property except under a decree passed under that act, and that therefore the sale to defendant no. ..... all that we decide is that nothing but the judgment-debtor's right, title, and interest in the property at the date of the service of the notice under section 10 of the public demands recovery act could and did pass to the purchaser (defendant no. 3). ..... there is nothing, however, in these acts which debars the government from instituting a suit under section 67 of the transfer of property act (iv of 1882) on a mortgage executed in its favour, such as we have in the present case .....
Tag this Judgment!Court : Kolkata
Reported in : (1910)ILR37Cal697
..... before the law was altered, and as it was when the late advocate general advised on the point, the section--see section 79 of the old bengal municipal act of 1866 and section 87 of the existing act as it was passed in 1884--expressly enacted that the rate on the value of holdings should not be assessed or levied on any person in respect of the occupation of arable lands or of buildings used for ..... that certain land within the limits of the howrah municipality, of which the plaintiff was in possession as a cultivator for the purpose of growing betel, was exempt from assessment under section 85 of the act, for an injunction restraining the municipal commissioners of howrah, through their chairman, the defendant, from levying upon it the tax imposed on 'holdings' thereunder, and for the recovery, ..... in this case from the judgment of the first court that 'everything was done in conformity with the provisions of section 103;' whence it follows that the appellant's land has been, and presumably must be capable of being properly, ..... agricultural lands, originally secured by express enactment in the case of assessment on persons occupying holdings, was intended to cease; and there remain certain provisions in the act, as it now stands, which show that, in the case of taxation upon holdings also, exemption in respect of arable lands was not contemplated. ..... sections 8 and 9 of the act, suffice it to say that the proviso to the latter, which is most relied upon, does not exclude agriculturists .....
Tag this Judgment!Court : Kolkata
Reported in : 6Ind.Cas.410
..... before the law was altered and as it was when the late advocate-general advised on the point, the section--see section 79 of the old bengal municipal act of 1866 and section 87 of the existing act as it was passed in 1884--expressly enacted that the rate on the value of holdings should not be assessed or levied on any person in respect or the occupation of arable lands or of buildings used for ..... that certain land within the limits of the howrah municipality, of which the plaintiff was in possession as a cultivator for the purpose of growing betel, was exempt from assessment under section 85 of the act, for an injunction restraining the municipal commissioners of howrah, through their chairman, the defendant, from levying upon it the tax imposed on holdings' thereunder, and for the recovery, after ..... this case from the judgment of the first court that everything was done in conformity with the provisions of section 103' whence it follows that the appellant's land has been and presumably must be capable of being properly ..... agricultural lands, originally secured by express enactment in the case of assessment on persons occupying holdings, was intended to cease; and there remain certain provisions in the act, as it now stands, which show that, in the case of taxation upon holdings also, exemption in respect of arable lands was not contemplated. ..... sections 8 and 9 of the act, suffice it to say that the proviso to the latter, which is most relied upon, does not exclude agriculturists .....
Tag this Judgment!Court : Kolkata
Reported in : 34Ind.Cas.152
..... three years during which the defendants merely held their shop and resided on the disputed land and held jotes at nalhati, they could not invoke the aid of section 182 of the bengal tenancy act, there can be no manner of objection under a long course of rulings of this court to their claiming the protection of that section after they became agriculturists at sanko and carried on agriculture from their residence at sanko, which was also used as a shop. ..... 536, and it was held that for the application of section 182 of the bengal tenancy act it was not necessary that the homestead and the raiyati should be either in the same village or under the same ..... that the homestead and the raiyati need not be in the same village or under the same landlord and section 182, bengal tenancy act, applied when both were different. ..... incidents of their tenure of the homestead are, therefore, governed by the bengal tenancy act, as no local custom to the contrary is alleged or proved. ..... rampini held that if a raiyat holding jotes with occupancy rights in a village holds bastu land in the same village, not as a raiyat but separately from his raiyati holding, he would, in the absence of a local custom to the contrary, have a right of occupancy in the homestead also. ..... the question whether the tenancy is governed by the transfer of property act or by the bengal tenancy act was raised in the previous case, but in view of the finding on the question of notice the court did not think it necessary to go into the .....
Tag this Judgment!Court : Kolkata
Reported in : 61Ind.Cas.539
..... transaction of this character falls within the comprehensive definition of a mortgage contained in section 53(a) of the transfer of property act, namely, 'the transfer of an interest in specific immoveable property, for the purpose of souring the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give ..... doubt may arise upon the construction of other statutes, it is, we think, fairly clear that in article 132 of the limitation act the expression money charged eponym moveable property' includes money due for non-performance of an obligation when such money is secured by a ..... the word money 'is comprehensive enough to include, not merely money which has been advanced or will be advanced by way of loan, or money which is due on account of an existing debt or will become due on a future debt, but also money which has or will become due on account of non performance of an engagement that might ..... under mortgage as well as from other moveable and immoveable properties by attachment and sale the conclusion, as at the commencement, the document was described as a simple mortgage bond for a loan of paddy,' the borrowers neither repaid the paddy lent nor the interest due thereon in the bhape of paddy. ..... referred, it is necessary to analyze the nature of transactions of this class, which, as appears from the cases in the books, are by no means infrequent among agriculturists in the districts of kidnaper and banker. .....
Tag this Judgment!Court : Kolkata
Reported in : 90Ind.Cas.805
..... or three years during which the defendants merely held their shop and resided on the disputed land, and held jotes at malhati, they could not invoke the aid of section 182 of the bengal tenancy act, there can be no manner of objection under a long course of rulings of this court to their claiming the protection of that section after they became agriculturists at sanko and carried on agriculture from their residence at sanko which was also used as a shop. ..... he further found that they subsequent to the taking of the land for the shop had acquired certain other occupancy jotes in the vicinity and hence he held that under the provisions of section 182 of the bengal tenancy act they must be considered to be holding the lands that had been taken for the purpose of a shop as occupancy raiyats and hence they could not be evicted. ..... in the suit out of which this appeal has arisen the plaintiffs sued to eject the defendants under section 111 of the transfer of property act, on the ground that their lease had expired. ..... i do not think that the provisions of section 182 of the bengal tenancy act can be held to apply to the present case. ..... in these circumstances i agree with my learned brother in the judgment just delivered that section 182 of the bengal tenancy act has no application to this case. ..... in my opinion, section 182 has no application to the present case and this land is governed by the provisions of the transfer of property act and not by the provisions of the bengal tenancy act.4. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal373
..... the munsif found that the so called usufructuary mortgage was an out-and-out sale and that though, no doubt, behari was not an agriculturist he held the land with no power of transfer and so decreed the suit. ..... he was certainly not an agriculturist and he had gone to live elsewhere. ..... nothing to show that his predecessors were agriculturists either. ..... 309 where it was held that previous to the passing of the transfer of property act tenancies of homestead land created for the purpose of habitation were not transferable except by custom or usage and that case further laid down that where there had been an implied surrender of the land and ..... the proviso to section 108(j) expressly excludes non-transferable homestead and further this tenancy with its incidents came into existence before the passing of that act. ..... firstly, it is urged that as both the courts have found that the land was not agricultural but homestead land the bengal tenancy act cannot apply and no relief can be obtained on abandonment. ..... secondly, it is urged that if the transfer of property act applies the plaintiff cannot challenge the transfer. ..... as to the application of the bengal tenancy act it may be that it does not by itself apply. ..... but as to the transfer of property act it appears to us clear that it also does not apply. ..... the tenancy had been in existence, it would appear, long before the passing of the transfer of property act or the bengal tenancy act. .....
Tag this Judgment!Court : Kolkata
Reported in : 100Ind.Cas.614
..... coming to the question of whether the lessee held over within the meaning of section 116 of the transfer of property act and so cannot be ejected without notice, it appears that arif held the land under a lease which expired in 1911. ..... with regard to the other appeal numbered 1997 having regard to the view which we have taken that the case is governed by the transfer of property act, the plaintiff's title under the lease is good and as the said plot was outside the kobala of the defendants the lower appellate court was right in confirming the decree of the first court.duval, j.6. ..... it has been argued for the respondents, on the other hand, that the case is governed not by the transfer of property act, but by the bengal tenancy act and that the lease being a lease in favour of the plaintiff and being an under raiyati lease for a period exceeding 9 years the plaintiff acquired no interest as such lease is void and that consequently the plaintiff ..... now, let us proceed to consider the contention of the appellant that the case being governed by the transfer of property act and the lease having expired after 5 years, there has been no holding over simply because the tenant has established his possession for a period of 11 years after the date of the expiry of the lease. ..... neither the original tenant nor the heirs of khosh bibi who now appear before us are shown to be cultivators or agriculturists at all; and in this view i agree that the transfer of property act applies. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal279
..... coming to the question of whether the lessee held over within the meaning of section 116 of the transfer of property act and so cannot be ejeated without notice, it appears that arif held the land tinder a lease which expired in 1911. ..... with regard to the other appeal numbered 1997 having regard to the view which we have taken that the case is governed by the transfer of property act, the plaintiff's title under the lease is good and as the said plot was outside the kobala of the defendents the lower appellate court was right in confirming the decree of the first court.duval, j.8. ..... it has been agreed for the respondents on the other hand that the case is governed not by the transfer of property act, but by the bengal tenancy act and that the lease being a lease in favour of the plaintiff and being an under-raiyati lease for a period exceeding nine years the plaintiff acquired no interest as such lease is void and that consequently the ..... now let us proceed to consider the contention of the appellant that the case being governed by the transfer of property act, and the lease haying expired after five years, there has been no holding over simply because the tenant has established his possession for a period of 11 years after the date of the expiry of the ..... neither the original tenant nor the heirs of khosh bibi who now appear before us are shown to be cultivators or agriculturists at all; and in this view i agree that, the transfer of property act applies. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal307,165Ind.Cas.294
..... , observed as follows:i cannot help observing that i think this court would be making an extraordinary mess of the rights of the agriculturists of bengal, if it started to apply the 1928 act retrospectively so as to turn a suit, which had been bad at the time it was brought, into a good suit that could be decreed, merely because it had been kept in existence for two or three years.10. ..... bingham (1870) 4 ch a 740 lord hatherley observed as follows:baron parke did not consider it an invariable rule that a statute could not be retrospective unless so expressed in the very terms of the section which had to be construed and said that the question in each case was whether the legislature had sufficiently expressed an intention. ..... in 1928 the bengal tenancy amendment act was passed and the following proviso was added to section 109:provided that nothing contained in this section shall debar a civil court from entertaining a suit concerning any matter which: (a) was the subject-matter of an application under section 105, or section 105-a, or of a suit under section 106, if such application or suit has been dismissed for default or withdrawn; or (b) has not been finally adjudicated upon in such proceeding or suit.4. ..... on behalf of the landlords it is contended that under the terms of the section, as it stood before its amendment, there was no question of anybody acquiring any right and that the section imposed the disability on intending suitors of which their opponents could take advantage. .....
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