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G.B. Mcintosh, Administrator to the Estate of Mr. A.R. Mcintosh Vs. Jharu Molla - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in(1895)ILR22Cal454
AppellantG.B. Mcintosh, Administrator to the Estate of Mr. A.R. Mcintosh
RespondentJharu Molla
Excerpt:
land registration act (bengal act vii of 1876), sections 42, 78 - administrator--obligation of administrator to register his name before bringing suits for rent. - o'kinealy and trevelyan, jj.1. the question raised in this second appeal is, whether a person, who is an administrator, and as such the representative of the deceased and the legal owner of his property, is bound to be registered under a. 42 of the land registration act. looking at the nature of the act, and the purposes for which it was enacted, namely, to prevent people from realizing rent without being registered, we think that an administrator is bound to be registered under section 42, and that this appeal must, therefore, be dismissed with costs.
Judgment:

O'Kinealy and Trevelyan, JJ.

1. The question raised in this second appeal is, whether a person, who is an administrator, and as such the representative of the deceased and the legal owner of his property, is bound to be registered under a. 42 of the Land Registration Act. Looking at the nature of the Act, and the purposes for which it was enacted, namely, to prevent people from realizing rent without being registered, we think that an administrator is bound to be registered under Section 42, and that this appeal must, therefore, be dismissed with costs.


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