cover image: The Calcutta Weekly Notes. Monday  June 25  1934

Premium

20.500.12592/qw46kp

The Calcutta Weekly Notes. Monday June 25 1934

1934

The reason partly is that amost the whole of the law here is codified and 129THE C4LCUTTA WEEKLY NOTES! )artly that the Indian legal mind of the prent times lacks the power of working out or itself the practical implications of abact principles. [...] 188 of the Bengal Tenancy Act does not apply to a suit for the ejectment of an under-raiyat whose )ease has expired and the ground given is that after the expiration of the term of his lease the under-raiyat is a trespasser and a suit to eject a trespasser is not authrised by the Bengal Tenancy Act but is authorised by the general law. [...] It is to be noted that in the present case the accused were left free to cultivate the land after the sale and to grow crops ; that they were allov ed to cut the crops which they had grown ; that two days elapsed before the landlord bestirred hiself and then his men went upon the homstead of the tenant which was a mile away and started removing the crops. [...] Emperor (28 C. L. J. 120)' the decree was II decree for possession on the basis that judgment-debtor was a trespasser and the del tree-holder *as in actual possession since thE execution of the decree and in those circum: stances it was held that the judgment-debtor had no right to cut the paddy standing on the :and. [...] 81 of the Code to avoid an immnent peril of which there was none the loss caused to the complainants was wrongful loss and the accused were guilty of the offence of mischief.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday June 25 1934
cxxix-cxxxii unknown view

Related Topics

All