The Calcutta Weekly Notes Law Notes of Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday February 12 1940

The judgment of the Privy Council in the case of Mackay v. Forbes reported in this issue should be read as a complement to the judgment of the Federal Court in the case of Pashupati Bharati v. The Secretary of State for India (C. [...] In the latter case a prelminary objection was taken to the effect that in the absence of any consideration of the question of a certificate by the High Court the Privy Council had no jurisdiction to entertain the appeal. [...] The last two sections provide that if any balance be left of the sale proceeds of a holding after meeting the decretal amount and the costs of execution there shall be paid to the decree-holder any rent which may have fallen due to him... between the institution of the suit and the date of the confirmation of the sale." Now if one sues for a portion of the arrears of rent one necessarily [...] 169 of the Bengal Tenancy Act were enacted to give the landlords summary remedy of realising their dues upon the holdings falling in arrears between the institution of the suit and the confirmation of the sale by giving the decree-holder landlords the right to withdraw from such sale proceeds the amount thus due as the claim of the lanlords up to the date of the institution of the suit had und [...] 169 and 148A (8) (i) (c) do not apear to be sufficient to give the landlord the right to withdraw from the surplus sale proceeds the dues of the landlord which were left out of the suit inasmuch as the 47"xlviri THE CALCUTTA WEEKLY NOTES.