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 Courts Monday March 5 1906

The question therefore was whether a subsequent transfer of she landlord’s interest in the tenure so altered the character of the decree that the tenure could not be sold in execution of that decree under the provisions of the Bengal Tenancy Act. [...] The Court without calling on the other side held unanimously that the decree in spite of the subsequent transfer of the landlord’s interest in the tenure was a rent decree and could be executed as such under the provisions of the Bengal Tenancy Act by him. [...] A POINT WAS TAKEN IN THE COURSE OF THE ARGUMENT on behalf of the accused that the rules. which were framed by the Bengal Government before the partition did not hold good in the new provinces from which this case came and their Lordships were invited to dispose of the case on this ground. [...] The importance of the decsion of the Judicial Committee in this ease and of the various propositions laid down in the course of the judgment can hardly be overestimated. [...] The opinion epressed by the Magistrate that the paternity cannot be proved appears to be premature." Their Lordships held :— " We set aside the order and direct the Magistrate to dispose of the petition according to law for the reasons set out in the letter of reference.