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Rai Charan Karmakar Vs. Sib Ram Parai - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal1007(2),46Ind.Cas.489
AppellantRai Charan Karmakar
RespondentSib Ram Parai
Excerpt:
bengal tenancy act (viii b.c. of 1885), section 182, applicability of - homestead of raiyat. - 1. the only question raised in this appeal is whether the provisions of the bengal tenancy act are applicable. the parcel of land in question, it appears, is a homestead. but the defendant no. 6 through whom the plaintiff claims title, it has been found, was a raiyat. that being so whether the homestead is or is not part of an agricultural holding, the bengal tenancy act applies by virtue either of the general provisions of the act or by virtue of the special provision to be found in section 182.2. this appeal is, therefore, dismissed with costs.
Judgment:

1. The only question raised in this appeal is whether the provisions of the Bengal Tenancy Act are applicable. The parcel of land in question, it appears, is a homestead. But the defendant No. 6 through whom the plaintiff claims title, it has been found, was a Raiyat. That being so whether the homestead is or is not part of an agricultural holding, the Bengal Tenancy Act applies by virtue either of the general provisions of the Act or by virtue of the special provision to be found in Section 182.

2. This appeal is, therefore, dismissed with costs.


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