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Shambhu Nath Singh Vs. Sheo Pershad Singh - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in(1913)ILR40Cal462
AppellantShambhu Nath Singh
RespondentSheo Pershad Singh
Excerpt:
landlord's interest,' meaning of - bengal tenancy act (viii of 1885) section 148, clause (h). - holmwood, j.1. whose tenant is he then? section 148 (h) is clear. in this case, only he decree was assigned.jenkins c.j.2. but his interest also expired.3. the judgment of the court (jenkins c.j., haring-ton, stephen, mookerjee and holmwood jj.) was delivered byjenkins c.j.4. we are of opinion that by the term 'landlord's interest' in section 148, clause (h) of the bengal tenancy act is meant the interest of the person entitled to receive the rent from the tenant at the date of the application for the execution of the decree. the result is that the appeal is allowed, and the execution will proceed in the usual way.
Judgment:

Holmwood, J.

1. Whose tenant is he then? Section 148 (h) is clear. In this case, only he decree was assigned.

Jenkins C.J.

2. But his interest also expired.

3. The judgment of the Court (Jenkins C.J., Haring-ton, Stephen, Mookerjee and Holmwood JJ.) was delivered by

Jenkins C.J.

4. We are of opinion that by the term 'landlord's interest' in Section 148, Clause (h) of the Bengal Tenancy Act is meant the interest of the person entitled to receive the rent from the tenant at the date of the application for the execution of the decree. The result is that the appeal is allowed, and the execution will proceed in the usual way.


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