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Jodhan Prosad Vakat Vs. Haji Mahammad Yunus Moulvi and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1938Cal160
AppellantJodhan Prosad Vakat
RespondentHaji Mahammad Yunus Moulvi and ors.
Cases Referred and Ahmad Akanda v. Baharuddin Shah
Excerpt:
- .....section 48, bengal tenancy amendment act, viz. 'when an under-raiyat is admitted to occupation of land' and that the effect of these words is that this section applies only to under-raiyatis created after the amended act came into operation. we are unable to accept this contention. the period for which rent is claimed in the present suit is after the new act came into operation and consequently the rights of the parties must be governed by section 48 of the new act, as the bar which was imposed by the old section has now been removed. the appeal is accordingly dismissed with costs; hearing fee one gold mohur.
Judgment:

1. The point for decision in this case is covered by the two decisions of this Court in Digambar Paul v. Tufazuddi Ijaradar : AIR1934Cal80 and Ahmad Akanda v. Baharuddin Shah (1936) 40 CWN 569. It is contended on behalf of the appellant that in these two cases this Court did not consider the effect of the opening words of Section 48, Bengal Tenancy Amendment Act, viz. 'when an under-raiyat is admitted to occupation of land' and that the effect of these words is that this section applies only to under-raiyatis created after the amended Act came into operation. We are unable to accept this contention. The period for which rent is claimed in the present suit is after the new Act came into operation and consequently the rights of the parties must be governed by Section 48 of the new Act, as the bar which was imposed by the old section has now been removed. The appeal is accordingly dismissed with costs; hearing fee one gold mohur.


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