Court : Kolkata
Decided on : Jun-22-1909
Reported in : 2Ind.Cas.675
Lawrence Jenkins, C.J.1. I agree that these appeals should be dismissed, and I do so on the ground that the interest of the defendant was a tenure, and, therefore, not a protected interest ' within the meaning of Section 160 of the Bengal Tenancy Act. This is in accord with the interpretation placed on a lease, not fairly distinguishable from the pre- sent, by Mr. Justice Mitra whose decision was affirmed on appeal under the Letters Patent. The District Judge refers to this decision of Mr. Justice Mitra but was evidently misled by the omission of a not' before the words 'raiyats holding'--an omission shown by a perusal of Mr. Justice Mitra's judgment to be obviously attributable to a clerical error. In this view, I think it unnecessary for me to discuss the further question that has been dealt with by my learned colleague.2. Both the appeals are dismissed with costs.Mookerjee, J.3. This is an appeal on behalf of the defendants in an action for ejectment commenced by a, purchaser at a s...
Tag this Judgment!Court : Kolkata
Decided on : Mar-11-1909
Reported in : 1Ind.Cas.626
Doss, J.1. The suit out of which this appeal arises was brought by the plaintiff, who is proprietor of Pergunnah Barabhum in the District of Manbhoom, to recover khas possession of certain lands after cancellation of a mourasi mokarari lease (which for brevity's sake shall, hereafter, be referred to as 'mokarari') executed in favour of defendant No. 1 by the manager under the Encumbered Instates Act, shortly before the estate was released to the plaintiff. The lease bears date, the 26th May 1903 and is for 241 bighas odd of which 222 bighas odd is situated in mauza Bara Bazar and 19 bighas odd in mauza Machar; and the annual rental for the same is its. 100. The circumstances under which this lease was executed are these:On the 27th February 1883, Raja Brojo Kishore Singh, the father of the plaintiff, in consideration of a loan of Its. 60,000 advanced to him by R. Watson and Co., gave them an ijara, lease for a period of 21 years, at an annual rental of Rs. 20,000 commencing from the be...
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