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Akrurmani Baisnabi Vs. Madhab Chandra Chakrabarty - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in47Ind.Cas.800
AppellantAkrurmani Baisnabi
RespondentMadhab Chandra Chakrabarty
Excerpt:
transfer of property act (iv of 1882), section 108(j) - lease, transfer of--lessee, original, liability of, for rent. - .....case. i agree with the learned district judge. not only it was unnecessary but it was improper after the defendant no. 1 had parted with her interest to adjudicate on what was the nature of the lease granted in the absence of the transferee. all that the learned judge had to adjudicate on and did adjudicate on was that the lease was subsisting at the time the present suit was brought.3. the appeal is accordingly dismissed with costs.syed shamsul huda, j.4. i agree.
Judgment:

Fletcher, J.

1. This appeal must stand dismissed. The suit was a suit for rent against the original lessee of a property to which the provisions of the Transfer of Property Act apply. The liability of the original lessee who has transferred the land is contractual; that liability subsists under the provisions of Section 108(j) of the Transfer of Property Act, notwithstanding that the defendant No. 1 has parted with her interest in the leasehold property.

2. Then, the next point is this: It is said that the Munsif found that the interest granted by the lease was perpetual. The learned District Judge says it was unnecessary to make such a finding for the decision of the case. I agree with the learned District Judge. Not only it was unnecessary but it was improper after the defendant No. 1 had parted with her interest to adjudicate on what was the nature of the lease granted in the absence of the transferee. All that the learned Judge had to adjudicate on and did adjudicate on was that the lease was subsisting at the time the present suit was brought.

3. The appeal is accordingly dismissed with costs.

Syed Shamsul Huda, J.

4. I agree.


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