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Sheikh Tamiz Munshi Alias Tamizud-dIn Munshi Vs. Bisweswari Debyachowdhurani - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in46Ind.Cas.862
AppellantSheikh Tamiz Munshi Alias Tamizud-dIn Munshi
RespondentBisweswari Debyachowdhurani
Excerpt:
landlord and tenant - surrender, implied, of non-transferable holding--tenant taking fresh settlement--transfer of portion of holding--landlord, right of, to eject purchaser. - john woodroffe, j.1. in my opinion there was in fact a surrender of the whole holding. i agree with mr. justice newbould when he says: 'it may be conceded that relinquishment of the holding means a relinquishment of the whole holding but the whole holding has been surrendered. the part sold to the defendant-appellant was expressly surrendered and the taking of a new settlement of the remainder of the holding operated in law as an implied surrender of the remaining portion.'2. it has been said that this is a new case. it, however, arises as a point of law on the admitted facts, and on the findings of the facts as found by the subordinate judge.3. this appeal is, therefore, dismissed with costs.charles chitty, j.4. i agree.syed shamsul huda, j.5. i also agree.
Judgment:

John Woodroffe, J.

1. In my opinion there was in fact a surrender of the whole holding. I agree with Mr. Justice Newbould when he says: 'It may be conceded that relinquishment of the holding means a relinquishment of the whole holding but the whole holding has been surrendered. The part sold to the defendant-appellant was expressly surrendered and the taking of a new settlement of the remainder of the holding operated in law as an implied surrender of the remaining portion.'

2. It has been said that this is a new case. It, however, arises as a point of law on the admitted facts, and on the findings of the facts as found by the Subordinate Judge.

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

Charles Chitty, J.

4. I agree.

Syed Shamsul Huda, J.

5. I also agree.


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