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Abdur Rasheed Vs. Maharaja Srish Chandra - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1944Cal301
AppellantAbdur Rasheed
RespondentMaharaja Srish Chandra
Excerpt:
- .....to find them trying to dodge out of payment of rent. the question involved is the meaning of the word 'entire' in section 168a, bengal tenancy act. the facts are these. the decrees are for rent due on a certain patni. the interest of the respondent is eight annas, the remaining eight annas belonging to a third person. when the appellant attempted to execute the decrees the respondent successfully defeated him by section 10c, court of wards act. he accordingly proceeded against the other judgment-debtor alone and put his share of the patni up to sale. section 10c no longer affords any help to the respondent and the appellant is attempting to sell his share in the patni. the objection depends upon putting stress upon the word 'entire' and the contention of the respondent was that the.....
Judgment:

Henderson, J.

1. These appeals are by the decreeholder. The judgment-debtor's estate is in the charge of the Court of Wards, and it is rather extraordinary to find them trying to dodge out of payment of rent. The question involved is the meaning of the word 'entire' in Section 168A, Bengal Tenancy Act. The facts are these. The decrees are for rent due on a certain patni. The interest of the respondent is eight annas, the remaining eight annas belonging to a third person. When the appellant attempted to execute the decrees the respondent successfully defeated him by Section 10C, Court of Wards Act. He accordingly proceeded against the other judgment-debtor alone and put his share of the patni up to sale. Section 10C no longer affords any help to the respondent and the appellant is attempting to sell his share in the patni. The objection depends upon putting stress upon the word 'entire' and the contention of the respondent was that the only way of realizing the amount is by putting up the whole patni to sale. On a previous occasion I have held that there is no substance in this objection. Nothing which has transpired now would induce me to alter that opinion. Section 168A is obviously made to help tenants and not landlords. The use of the word 'entire' shows the limits which are placed upon the right of the decree-holder. To hold that although the decree can be satistied by the sale of a small portion of the holding, the decree-holder against his own wishes and in spite of the protest of the judgment-debtor is compelled to bring the whole tenure to sale, would be to the disadvantage of the tenant. The appeals are accordingly allowed, the orders of the Court of appeal below are set aside and those of the first Court restored. The respondent


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