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Ananda Chandra Pal Vs. Srimati Asrab Bhanu and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal369(1),51Ind.Cas.852
AppellantAnanda Chandra Pal
RespondentSrimati Asrab Bhanu and ors.
Excerpt:
landlord and tenant - kaimi raiyati, meaning of kaimi raiyati does not necessarily import fixity of rent, and such a holding is not transferable and, consequently, is not liable to attachment and sale in execution of a decree for money. - .....the judge has taken into consideration the fact of the previous transfer and the statements contained in the deeds of sale, and has come to the conclusion that the holding is non transferable.3. the appeal must accordingly be dismissed with costs, one gold.....
Judgment:

1. It is found that the holding sought to be attached and sold in execution of the decree for money is not transferable.

2. It is contended, however, that the judgment-debtor set up a distinction between kaimi raiyati and ordinary raiyati and it was the case of the judgment-debtor that the holding was not kaimi raiyati. Kaimi raiyati does not necessarily import fixity of rent, and the mere fact that the distinction was set up by the judgment debtor between kaimi raiyati and ordinary raiyati cannot estop him from showing that his holding was merely an ordinary occupancy holding. The Judge has taken into consideration the fact of the previous transfer and the statements contained in the deeds of sale, and has come to the conclusion that the holding is non transferable.

3. The appeal must accordingly be dismissed with costs, one gold mohur.


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