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Bibi Amna Khatoon Begum and ors. Vs. Beni Ram and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtAllahabad
Decided On
Reported inAIR1939All209
AppellantBibi Amna Khatoon Begum and ors.
RespondentBeni Ram and ors.
Excerpt:
- .....out of a suit brought by the plaintiffs against the defendants-respondents to recover arrears of rent. the defendants are thekadars. there was no dispute about the amount of arrears of rent due from the defendants, but the defendants contended that they were entitled to remissions, remission of revenue having been made by the government. the lower courts found in favour of the defendants and gave the benefit of the remissions to them. on appeal the learned single judge confirmed their decision. the lease sued upon was executed on 16th may 1914 when the old agra tenancy act of 1901 was in force. the lease itself provided that even if in any year during its continuance remissions of revenue were made by the government, the thekadars would not be entitled to any remissions in the rent.....
Judgment:

Ganga Nath, J.

1. This is a plaintiffs' Letters Patent Appeal against the decision of a learned single Judge of this Court. It arises out of a suit brought by the plaintiffs against the defendants-respondents to recover arrears of rent. The defendants are thekadars. There was no dispute about the amount of arrears of rent due from the defendants, but the defendants contended that they were entitled to remissions, remission of revenue having been made by the Government. The lower Courts found in favour of the defendants and gave the benefit of the remissions to them. On appeal the learned single Judge confirmed their decision. The lease sued upon was executed on 16th May 1914 when the old Agra Tenancy Act of 1901 was in force. The lease itself provided that even if in any year during its continuance remissions of revenue were made by the Government, the thekadars would not be entitled to any remissions in the rent payable by them to the lessors. Reliance was placed by the defendants on Section 51 of the old Tenancy Act, under which the tenants were entitled to remissions in their rent on account of remissions in revenue made by the Government. The provisions of Section 51 of the old Tenancy Act, have been replaced by Section 73 of the present Tenancy Act of 1926. But Section 219 has been added, which enacts:

The provisions of Sections 71, 73, 74, 75 and 76 shall apply to all thekadars, unless there is an express provision to the contrary in the theka.

2. It was contended on behalf of the appellants that under Section 6(c), U.P. General Clauses Act, the defendants-respondents had acquired a right under the old Tenancy Act and consequently Section 219 of the present Tenancy Act did not apply to their case. Section 6, General Clauses Act, enacts:

Where this Act or any Act of the Governor-General in Council or Regulation made after the commencement of this Act repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not.

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed.

3. This Section would apply to only these cases 'where a different intention does not appear in the new enactment.' Section 219 of the present Agra Tenancy Act applies to 'all' thekadars. The word 'all' does not admit of any exception; consequently it applies to all past, present and future thekadars. The word 'all' is very significant and shows that no exception has been, made in the case of old thekadars whose thekas came into existence while the old Tenancy Act was in force. Section 6(c), General Clauses Act, therefore does not stand in the way of the plaintiffs. As already stated under the terms of the theka the plaintiffs are entitled to claim full rent in spite of any remissions in revenue which may be made by the Government. It is therefore ordered that the appeal be allowed with costs, the decrees of the lower Courts be sot aside and the plaintiffs' suit be decreed with costs.


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