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Jadub Chandra Maulik Vs. Manik Sarkar - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in44Ind.Cas.91
AppellantJadub Chandra Maulik
RespondentManik Sarkar
Excerpt:
appeal, second - new point involving question of fact whether can be taken. appeal from appellate decree no. 2231 of 1913. - 1. in our opinion this judgment of mr. justice chapman must be reversed. the learned judge has allowed a point to be taken before him which was not taken in either of the lower courts and which involves two questions of fact. in the first place, it had to be shown before section '29 of the bengal tenancy act came into operation that the defendant was an occupancy ryot, and, even if that were shown, it would further have to be proved that the contract was a mere device to evade the provisions of the statute.2. the appeal, therefore, is decreed with costs and the decree of the first court restored.
Judgment:

1. In our opinion this judgment of Mr. Justice Chapman must be reversed. The learned Judge has allowed a point to be taken before him which was not taken in either of the lower Courts and which involves two questions of fact. In the first place, it had to be shown before Section '29 of the Bengal Tenancy Act came into operation that the defendant was an occupancy ryot, and, even if that were shown, it would further have to be proved that the contract was a mere device to evade the provisions of the Statute.

2. The appeal, therefore, is decreed with costs and the decree of the first Court restored.


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