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Akhil Chandra Mandal and ors. Vs. Surendra Nath Dutt and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in5Ind.Cas.306
AppellantAkhil Chandra Mandal and ors.
RespondentSurendra Nath Dutt and ors.
Excerpt:
bengal tenancy act (viii of 1885), section 160, clause (g) - jungleburi tenure--subordinate tenure--incumbrance--occupancy right--law of emblements. - francis maclean, c.j.1. i see no reason to differ from the learned judge as to the construction of the pottah of 1877. i think that, in the circumstances, he was quite right in remanding the case. it was not a remand merely upon the question of service of the notice but also upon its sufficiency. the appeal is dismissed with costs.pratt j.2. i agree.
Judgment:

Francis Maclean, C.J.

1. I see no reason to differ from the learned Judge as to the construction of the pottah of 1877. I think that, in the circumstances, he was quite right in remanding the case. It was not a remand merely upon the question of service of the notice but also upon its sufficiency. The appeal is dismissed with costs.

Pratt J.

2. I agree.


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