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Durga Prosad Bundopadhya and ors. Vs. Brindabun Roy and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil;Tenancy
CourtKolkata
Decided On
Judge
Reported in(1892)ILR19Cal504
AppellantDurga Prosad Bundopadhya and ors.
RespondentBrindabun Roy and ors.
Excerpt:
bengal tenancy act (viii of 1885), sections 15 and 16 - putni tenures--rent suit. - prinsep and hill, jj.1. we have the satisfaction of feeling that the arguments of the learned pleaders on both sides have placed before us everything that could be said in this matter, which is of some importance. we agree with the district judge in the opinion he has expressed regarding the application of sections 15 and 16 of the bengal tenancy act to putni tenures with due regard to section 195 (e). in our opinion these provisions apply to putni tenures. it seems to us that the object of section 195 (e) is that nothing in the bengal tenancy act should interfere with the putni law in respect of putni tenures, but that in other respects the bengal tenancy act should be held to apply as supplementing the putni law. the appeals are therefore dismissed with costs.
Judgment:

Prinsep and Hill, JJ.

1. We have the satisfaction of feeling that the arguments of the learned pleaders on both sides have placed before us everything that could be said in this matter, which is of some importance. We agree with the District Judge in the opinion he has expressed regarding the application of Sections 15 and 16 of the Bengal Tenancy Act to putni tenures with due regard to Section 195 (e). In our opinion these provisions apply to putni tenures. It seems to us that the object of Section 195 (e) is that nothing in the Bengal Tenancy Act should interfere with the putni law in respect of putni tenures, but that in other respects the Bengal Tenancy Act should be held to apply as supplementing the putni law. The appeals are therefore dismissed with costs.


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