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 December 19 1910

The filing of a suit for the purpose is therefore not a thing which the Act authorises or requires the landlord to do ; it is what the plaintiff is entitled to do not by reason of the provisions of the Bengal Tenancy Act but under the general law. [...] A sub-lessee may maintain an inter-pleader suit against the assigns of his lessor and the assigns of the son of the lessor (of his lessor; who alleged that the lease to the lessor of the Plaintiff was colorable. [...] 85 which retricted the validity of a sub-lease granted in perpetuity before the passing of the Bengal Tenancy Act to a period of 9 years from the commencement of the Act had reference to the interest of the superior landlord ; and that such a sub-lease though not valid against him for more than 9 years after the comrnencement of the Act was valid as against the lessor after that period. [...] not bar the cretion of a right in the under.raiyat to the extent of the right of the raiyat himself Pratt J. is of opinion that sec. [...] 85 (2) they were unanimous as to the object of the section which according to their Lordships was to protect the right of the superior landlord alone i e the right of the landlord of the raiyat who sublets Now if we admit that this is the intention of the legislature the meaning of the section becomes at once limited and it means that a sulease by a raiyat shall not be admitted to registr