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Harak Singh and ors. Vs. Kirat NaraIn Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in4Ind.Cas.734
AppellantHarak Singh and ors.
RespondentKirat NaraIn Singh and ors.
Excerpt:
bengal tenancy act (viii of 1885), section 155 clause (2) - 'capable of remedy', meaning of--misuse of agricultural land--growing of mangoe orchard on a third of the holding. - 1. accepting as we must the finding of the district judge that land in suit has been rendered unfit for the purposes of the tenancy, it necessarily follows that his decision was incorrect, for section 155 of the bengal tenancy act clearly bears the meaning that has been placed upon it by mr. justice coxe, whose decree is in the correct form. we must, therefore, dismiss this appeal with costs. the two months for remedying the misuse will be from the date of this decree.
Judgment:

1. Accepting as we must the finding of the District Judge that land in suit has been rendered unfit for the purposes of the tenancy, it necessarily follows that his decision was incorrect, for Section 155 of the Bengal Tenancy Act clearly bears the meaning that has been placed upon it by Mr. Justice Coxe, whose decree is in the correct form. We must, therefore, dismiss this appeal with costs. The two months for remedying the misuse will be from the date of this decree.


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