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Babu Lal Sheikh Vs. Purna Chandra Babu and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in4Ind.Cas.737
AppellantBabu Lal Sheikh
RespondentPurna Chandra Babu and ors.
Excerpt:
ghatwali tenure - occupancy right--settlement from person holding adversely to ghatwal--bengal tenancy act (viii of 1885), section 181. - .....of lands; and, the principal point urged before us on behalf of the plaintiff-appellant is that section 181 of the bengal tenancy act applies, and, as a consequence, an occupancy right could not be acquired as against him. it is unnecessary for us, in the circumstances of this case, to express any opinion as to whether or not an occupancy right can be acquired in land held under ghatwali tenure, and we refrain from expressing any opinion on that point. it is clear that the plaintiff's title is now not as a person entitled to a ghatwali tenure but by virtue of a settlement under the zemindar, defendant no. 2. it is conceded that as against defendant no. 2 an occupancy right could be obtained and the plaintiff cannot be in any better position.2. the result is that we dismiss this.....
Judgment:

1. This is a suit to recover possession of lands; and, the principal point urged before us on behalf of the plaintiff-appellant is that Section 181 of the Bengal Tenancy Act applies, and, as a consequence, an occupancy right could not be acquired as against him. It is unnecessary for us, in the circumstances of this case, to express any opinion as to whether or not an occupancy right can be acquired in land held under ghatwali tenure, and we refrain from expressing any opinion on that point. It is clear that the plaintiff's title is now not as a person entitled to a ghatwali tenure but by virtue of a settlement under the zemindar, defendant No. 2. It is conceded that as against defendant No. 2 an occupancy right could be obtained and the plaintiff cannot be in any better position.

2. The result is that we dismiss this appeal with costs and confirm the decree of the Subordinate Judge.


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