The Calcutta Weekly Notes Law Notes and 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 March 31 1941

Of these we may at once put the Preamble on one side because it merely states as a fact in the form of a historical narrative that by the terms of the engagements exchanged between the zemindar and putnidar it is provided that in case of an arrear occurring if the sale of the putni do not yield a suffcient amount to make good the balance of rent due at the time the remaining prperty of [...] The sole object of the section as explained in terms in the fifth paragraph of the preamble is to declare the validity of tenures granted for a longer term than ten years though the grant was contrary to the provisions of Regulation XLIV of 1793. [...] In the second place the section does not add anything to the purely contractual character of the stipulation but merely declares the validity of the tenure in accordance with the contract. [...] In that section it is provided that on the transfer of a putni the zemindar shall be entitled to demand substantial security from the transferee or purchaser to the amount of half the jama or yearly rent the condition of furnishing such security on requisition being understood to be one of the original liabilities of the tenure." Since the security is limited to half the annual rent the inten [...] A tenant is not pemitted to deny his lessor's title at the comencement of the tenancy and therefore in order that an interpleader suit may lie the claim of the party other than the landlord must be consistent with the title of the lanlord at the commencement of the tenancy in question.