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Upendra Nath Hazra Vs. Ram Nath Chowdhry - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtKolkata
Decided On
Judge
Reported in(1906)ILR33Cal630
AppellantUpendra Nath Hazra
RespondentRam Nath Chowdhry
Cases ReferredMohesh Majhi v. Pran Krishna Mandal
Excerpt:
right of occupancy - acquisition of right of occupancy--ghatwali tenures--bengal tenancy act (viii of 1885) section 181. - .....the only question on this appeal is whether occupancy rights can be successfully acquired in ghatwali lands. 'there appears to be no very direct authority upon the point. the decision in the case of mohesh majhi v. pran krishna mandal (1904) 1 c.l.j. 138 is certainly against that view. i think that upon principle, having regard to the nature of ghatwali lands, the acquisition of occupancy rights in these lands is inconsistent with the incidents of such tenures; and this view gains support from section 181 of the bengal tenancy act, which seems to me to be inconsistent with the view of the acquisition of such rights in ghatwali lands. this conclusion seems to be in accordance with mr. justice mitra's view on the point expressed in the case cited, that any such right is not.....
Judgment:

Francis W. Maclean, K.C.I.E., C.J.

1. The only question on this appeal is whether occupancy rights can be successfully acquired in ghatwali lands. 'There appears to be no very direct authority upon the point. The decision in the case of Mohesh Majhi v. Pran Krishna Mandal (1904) 1 C.L.J. 138 is certainly against that view. I think that upon principle, having regard to the nature of ghatwali lands, the acquisition of occupancy rights in these lands is inconsistent with the incidents of such tenures; and this view gains support from Section 181 of the Bengal Tenancy Act, which seems to me to be inconsistent with the view of the acquisition of such rights in ghatwali lands. This conclusion seems to be in accordance with Mr. Justice Mitra's view on the point expressed in the case cited, that any such right is not susceptible of acquisition in ghatwali lands.

2. The appeal must therefore be allowed, the decree of the Subordinate Judge set aside and that of the Munsif restored, the effect of which is that the suit is dismissed with costs in all the Courts.


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