The Calcutta Law Journal Short Notes of Cases Articles and Other Matters 16th July 1905

The plaintiff was at one time the sole proprietor of a tenure under which there was a permanent under-tenure ; he however parted with a small share of his interest in the superior tenure in favour of a third party and then sued the under-tenant for rent for a period a part of which only was prior to the date of the transfer ; a portion of the claim was therefore for the entire rent and the r [...] The principal argument advanced on behalf of the plaintiff appellant was that as a portion of the claim namely that for the period prior to the transfer was for the entire rent and admittedly formed the first charge on the under-tenure the sale which was to enforce that charge was competent to pass the undetenure leaving the rest of the claim out of consideration altogether. [...] H. by reason of the frame of the suit in the case the suit and the decree therein would be considered to be a suit and decree under the Act. [...] The Zemindar and the lessee from him resisted the claim on the ground that as under the putni lease right was reserved to the Zerninder to appoint Chowkidars upon a vacancy arising in the office the Zemindar was entitled to the lands upon resumption Held (Stephen and Mookerjee.b1.)—That the fact that the Zemindar was entitled to make an appointment to the otlice of Chowkidar did not create [...] Held (Mitra J.)—In a case where the Transfer of Property Act does not apply the tenancy being created before the Transfer of Property Act a notice to quit requiring the tenant to vacate the land after the expiry of six months and after the end of the year of the tenancy is valid ; such period df six months being calculated according to the Bengali Calendar and not accord.