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 the English Law Courts Monday September 16 1901

In other cases it has been presumed that' interests of a tenant must be of a permanent nature where the circumstances pointed to the fact that the original grant must have been some kind of a building-grant or where the tenant had spent large sums of money in the erection of buildings of a substantial nature to the knowledge of and without objection on the part of the landlord. [...] In view of these somewhat conflicting views and the marked tendency of the later decisions favouring the view that when the origin of a tenancy and the circumstances attending thecreation of a tenancy are known evidence as to the mode of dealing with the land demised and of the acts and conduct of the parties is not sufficient to prove the nature of the tenancy (sec Ismail Khan Mahomed v. Joygoo [...] Thereupon the Plaintiff preferred this present appeal and the only question that arose in this appeal was " whether the sale of a tenure in eecution of a decree for rent obtained by certain persons who did not constitute the entire body of landlords at the date of the suit and of the decree and who were not the entire body of landlords also at the date at which part of the claim for which the [...] That the sale that took place in execution of decree taken as a whole and if it was bad as regards part of the decree as it is impossible to divide the properties sold into two parts one covered by the sale in satisfaction of one part of the claim and the other covered by the sale in satisfaction of the other part the whole sale must be held to have been a sale under the ordinary law that is t [...] That if at the time the suit was brought and decree obtained and enforced by the sale of the tenure the decree-holders did not constitute the entire body of landlords the sale could not be treated as a sale of the tenure in execution of a rent-decree under the Bengal Tenancy Act.