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Brojo Sundari Debia Vs. Mahomed Abbas Mondul - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtKolkata
Decided On
Judge
Reported in(1891)ILR18Cal360
AppellantBrojo Sundari Debia
RespondentMahomed Abbas Mondul
Excerpt:
bengal tenancy act (viii of 1885), sections 13 and 195, clause e - sale in execution of decree--dur-putni tenures - petheram, kt., c.j., pigot, o'kinealy, macpherson and ghose, jj.1. the contention that dur-putni tenures are included within the terms of clause (e) of section 195 of the bengal tenancy act cannot, we think, be supported. the words 'in so far as it relates to those tenures' must, we think, be treated as expressly limiting the provision to enactments relating to putnis properly and strictly so called, and as intended to exclude those which relate to tenures, which, although resembling putnis, as dur-putnis, etc., are not strictly putnis, not possessing all the qualities of them. we answer the question in the affirmative, and the appellants are therefore entitled to have the suit dismissed as against them with costs.
Judgment:

Petheram, Kt., C.J., Pigot, O'Kinealy, Macpherson and Ghose, JJ.

1. The contention that dur-putni tenures are included within the terms of Clause (e) of Section 195 of the Bengal Tenancy Act cannot, we think, be supported. The words 'in so far as it relates to those tenures' must, we think, be treated as expressly limiting the provision to enactments relating to putnis properly and strictly so called, and as intended to exclude those which relate to tenures, which, although resembling putnis, as dur-putnis, etc., are not strictly putnis, not possessing all the qualities of them. We answer the question in the affirmative, and the appellants are therefore entitled to have the suit dismissed as against them with costs.


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