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Haji Shah Momtaz HussaIn and anr. Vs. Raghu Nandan Sahu and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in5Ind.Cas.153
AppellantHaji Shah Momtaz HussaIn and anr.
RespondentRaghu Nandan Sahu and ors.
Excerpt:
bengal tenancy act (viii of 1885), sections 90, 91, 92 - measurement of holdings of more than one tenant in a mouzah--one application by landlord is maintainable. - .....a separate application in the case of each tenant. we do not think that that view is correct, nor does it seem to, be what the law actually contemplates. the mere fact that in the section the word 'tenant' is used in the singular and-not 'tenants' in the plural does not seem to us, having regard to the provisions of the general clauses act, to be sufficient to justify the conclusion that, under the section, it was only intended that the landlord should make the application against one tenant. manifestly it would, be most incovenient and expensive to do so, and we are inclined to think, from the provision of section 92 of the bengal tenancy act, that it is clear that the intention of the legislature was, that such an application could be made with reference to the several tenants having.....
Judgment:

1. No one appearing to oppose this rule, it must be made absolute. The question is whether the landlord can, in one application under Section 91 of the Bengal Tenancy Act, include the lands of more than one tenant and apply for an order from the Civil Court against several tenants under that section. The learned Subordinate Judge has held that there must be a separate application in the case of each tenant. We do not think that that view is correct, nor does it seem to, be what the law actually contemplates. The mere fact that in the section the word 'tenant' is used in the singular and-not 'tenants' in the plural does not seem to us, having regard to the provisions of the General Clauses Act, to be sufficient to justify the conclusion that, under the section, it was only intended that the landlord should make the application against one tenant. Manifestly it would, be most incovenient and expensive to do so, and we are inclined to think, from the provision of Section 92 of the Bengal Tenancy Act, that it is clear that the intention of the Legislature was, that such an Application could be made with reference to the several tenants having holdings in the land which the zemindar desires to measure. The result, therefore, is that we make the rule absolute. We make no order as to costs.

2. We further direct that the application be returned to the Subordinate Judge with direction to proceed in accordance with law.


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