The Calcutta Law Journal Short Notes of the Cases Articles and other matters March 16 & April 1 1917

6 & 7. The Effect of Acquisition of Occupancy Right by Landlord under the Original as well as the Amended Bengal Tenancy Act—(Concluded.) When owing to merger as already explained the occupancy right becomes ipso facto extinguished the land does not become the private land of the proprietor but continues to form part of the raiyati stock of the country. [...] 22 Bengal Tenancy Act the occupancy right which is extinguished by the transfer of it to the co-sharer landlord is only the right whidh is existing at the date of the transfer and there is nothing to prevent the acquisition of a new occupancy right by reason of their continuously holding the land as a raiyat for a period of twelve years and more from the date of their purchase. [...] to that in the cases of a transferable occupancy holding although by reason of such purchase the occupancy holding might merge in the landlord's interest under S. 22 of the Bengal Tenancy Act and although under S. 85 (x) of the Act the sub-lessee might not by reason of the sulease acquire any right as such against the landlord the landlord having acquired the occupancy holding at a private [...] That being the case the under-raiyat already existing on the land by virtue of a lease from the raiyat is brought into direct relationship with the landlord and takes the place-of the raiyat whose occupancy holding is acquired. [...] And whatever might be the position of a co-sharer landlord with Acquisition by co-sharer landlord; respect to the occupancy holding purchased by him in relation to the other co-sharers under the amended section he will not be prevented from cultivating the land himself though the holding will not become the proprietor's private land but will form part of the raiyati stock of the country and if h