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Rashmohini Dasi, Executrix to the Estate of Late Tara Chand Biswas Vs. Debendra Nath Singha Roy - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in13Ind.Cas.604
AppellantRashmohini Dasi, Executrix to the Estate of Late Tara Chand Biswas
RespondentDebendra Nath Singha Roy
Excerpt:
landlord and tenant - one suit for arrears of rent of several tenures--decree in such suit, effect of--execution, of such decree--special procedure in bengal tenancy act. - .....the rent suit was sent for and is before this court. it appears from the plaint that there are two durpatni tenures, one in respect of the 13 annas share of the patni and the other in respect of the 3-annas share. separate rents and instalments are fixed in respect of each durpatni which, moreover, are not proportionate to each other and the tenures are referred to in the plaint itself as both the jamas' the mere fact that the total rents of the two tenures are claimed in one suit cannot have the effect of consolidating the two tenures into one.3. it is true the decree refers to a durpatni but the question whether there were two separete tenures or there was only one, becomes material only when the decree is sought to be executed under the special provisions of the bengal tenancy act. it.....
Judgment:

1. The question raised in this appeal is whether a decree for arrears of rent obtained by respondent against the appellants can be executed under the special procedure prescribed in the Bengal Tenancy Act.

2. The record of the rent suit was sent for and is before this Court. It appears from the plaint that there are two durpatni tenures, one in respect of the 13 annas share of the patni and the other in respect of the 3-annas share. Separate rents and instalments are fixed in respect of each durpatni which, moreover, are not proportionate to each other and the tenures are referred to in the plaint itself as both the jamas' The mere fact that the total rents of the two tenures are claimed in one suit cannot have the effect of consolidating the two tenures into one.

3. It is true the decree refers to a durpatni but the question whether there were two separete tenures or there was only one, becomes material only when the decree is sought to be executed under the special provisions of the Bengal Tenancy Act. It is cempetent to a landlord to bring one suit for the total rents of several tenures held by the same tenant and no objection can be taken to the decree passed in this case.

4. It is clear upon the authorities that when one decree is obtained in respect of two or more separate tenures the special procedure prescribed in the Bengal Tenancy Act cannot be adopted in executing such a decree. Such a decree must be executed as an ordinary decree under the Civil Procedure Code.

5. The order of the Court below is accordingly set aside. The decree-holder, of course, will be at liberty to execute the decree as a decree for money under the provisions of the Civil Procedure Code.

6. We make no order as to costs. The Rule is discharged.


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