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 February 16 1925

V. c. 18 which enacted that decrees granted under the Indian Divorce Act and confirmed or made absolute under the provisions of that Act for the dissolution of a marriage the parties to which were at the time of the comencement of the proceedings domiciled in the United Kii.gdom and any order made by the Courts in relation to any such decree shall. [...] But according to the first view the result of the application of the Bengal Tenancy Act is that A in the given example will be an underaiyot under the Act and the provisions of Chap. [...] 121 of the Act where the " holding of an underaiyot " is referred to together with the " holding of a raiyot.v Thus we find that the general scheme of the Act allows the use of the phrase " holding of an under-raiyot." If that is so the conclusion is safe that the legilature purposely used the phrase " otherwise than as a part of a holding as a raiyot " in order to exclude " the holding of [...] The itention of the legislature clearly is to apply the provisions applicable to the raiyoti holings to the homesteads under the conditions specified in sec. [...] The applicant contended that the decisions turned on the construction of a document which involved an 'important ouestion of Mahomedan law and that inasmuch as the value of the subject-matter of the suit satified the provisions there was an appeal as 4f right whether the question of law was or„ not of general importance.