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Nityananda Sarkar and on His Death His Heir and Legal Representative Kali Krishna Sircar, Minor by His Next Friend and Guardian Bhuban Mohan Mazoomdar Vs. Hari Mohan Sarkar and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in64Ind.Cas.750
AppellantNityananda Sarkar and on His Death His Heir and Legal Representative Kali Krishna Sircar, Minor by H
RespondentHari Mohan Sarkar and ors.
Cases Referred and Vithal Narayan v. Shriram Savant
Excerpt:
landlord and tenant - landlord can sue for rent usufructuary mortgagee of his tenant--bengal tenancy act (viii of 1885), section 12. - 1. the only question urged in this appeal is the question whether the landlord of a tenure can sue for rent the usufructuary mortgagee of his tenant, the said mortgagee having taken possession of the mortgaged property. both the courts below have held that in fact be can. the view they take is supported by the language of section 12 of the bengal tenancy act and also by the authority of the cases reported as kannye loll sett v. nistoriny dossee 10 c. 443 : 5 ind. dec. (n.s.) 298, bharub chandra karpur v. lalit mohun singh 12 c. 185 at p. 189 : 6 ind. dec. (n.s.) 126 and vithal narayan v. shriram savant 29 b. 391 : 7 bom. l.r. 313. accepting this view as correct, we dismiss this with costs.
Judgment:

1. The only question urged in this appeal is the question whether the landlord of a tenure can sue for rent the usufructuary mortgagee of his tenant, the said mortgagee having taken possession of the mortgaged property. Both the Courts below have held that in fact be can. The view they take is supported by the language of Section 12 of the Bengal Tenancy Act and also by the authority of the cases reported as Kannye Loll Sett v. Nistoriny Dossee 10 C. 443 : 5 Ind. Dec. (N.S.) 298, Bharub Chandra Karpur v. Lalit Mohun Singh 12 C. 185 at p. 189 : 6 Ind. Dec. (N.S.) 126 and Vithal Narayan v. Shriram Savant 29 B. 391 : 7 Bom. L.R. 313. Accepting this view as correct, we dismiss this with costs.


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