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Safaruddi and ors. Vs. A.K. Fazal Huq and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported inAIR1915Cal3644(2),30Ind.Cas.414
AppellantSafaruddi and ors.
RespondentA.K. Fazal Huq and ors.
Excerpt:
bengal tenancy act (viii of 1885), sections 105, 108, scope of - co-sharer landlord, tenant under, position of--separate tenancy--kubuliat, by tenant, to co-sharer landlord, effect of--fair rent, settlement of. - lawrence jenkins, c.j.1. this case has been decided favourably to the plaintiffs by mr. justice digambar chatterjee on the footing that there were separate tenancies, and we think that if there were separate tenancies then in the circumstances of this case there was a compliance with the provisions of section 105 of the bengal tenancy act. even if there had not been separate tenancies, we think it a possible view in the peculiar circumstances of this case that there was a sufficient application by the landlords, but it is not necessary for us to go into that point. in our opinion the judgment of mr. justice digamber chatterjee should be upheld.2. we must, therefore, dismiss the appeal with costs.n. chatterjea, j.3. i agree.
Judgment:

Lawrence Jenkins, C.J.

1. This case has been decided favourably to the plaintiffs by Mr. Justice Digambar Chatterjee on the footing that there were separate tenancies, and we think that if there were separate tenancies then in the circumstances of this case there was a compliance with the provisions of Section 105 of the Bengal Tenancy Act. Even if there had not been separate tenancies, we think it a possible view in the peculiar circumstances of this case that there was a sufficient application by the landlords, but it is not necessary for us to go into that point. In our opinion the judgment of Mr. Justice Digamber Chatterjee should be upheld.

2. We must, therefore, dismiss the appeal with costs.

N. Chatterjea, J.

3. I agree.


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