The Calcutta Law Journal Short Notes of Cases Articles and other Matters March 1 1911

Held (Chitty and N. Chatterjec JJ.)—Section 99 of the Estates Parttion Act 41oes not apply to a case where there has been a private partition the estate in such a case not being held in common tenancy within the meaning of that section and a puttridar is entitled to retain possession of the land allotted to his lessor in private partition notwithstanding the subsequent partition by the Cilect [...] The words 'date of sale' in section 167 of the Bengal Tenancy Act mean the date on which the sale is confirmed. [...] In August 1908 he sold his leassehold interest in the latter premises to the plaintiff and the interest and goodwill of the business ; and he covenanted to use his best endeavours to promote the said trade and to secure to the plaintiff his executors administrators and assigns the full avantage of his (A's) connexion and custom ; and he further covenanted for himself his executors adminis [...] A surrendered his lease to the landlord and a new lease was granted to B by t.he terms of which he was entitled so far as the landlord was 4 0 corned to carry on in those premises the trade of a general. [...] In an action by the plaintiff claiming damages against A for breaches of covenant containedein the assignment of the premises 170 High Street and an injunction restraining B from selling or dealing in fresh meat at 137 High Street.