The Calcutta Law Journal Short Notes of Cases Articles and Other Matters July to December 1938

Held (per Leach C. J. and Madhavan Nair j.) that in a suit for partition of the estate of a joint family the value of the subject matter of the suit for the purpose of section I ro of the Civil Procdure Code is not the value of the whole estate directed to be parttioned but only the value of the particular share in dispute. [...] Although therefore the codification of the rights and privileges is no bar yet any approach to the question of enunciation of those rights and privileges must recognise the statutory limitation of the Indian Legislature in having neither the power nor the status of the Court inasmuch as section 71 is in most general terms and the reading of sections 36 and 86 of the Constitution Bill presented a [...] 2 the period (a) mentioned in the instrument of the mortgage or (b) of fifteen years whichever is less from the date of the registration of the instrument or where there is no registered instrument from the date of the mortgagee's entry into possession and the mortgagor shall thereupon become entitled to pnssepsion of the mortgaged holding and he may if he is not forthwith given possession [...] (2) (a) All decrees and orders enhancing rent passed under any of the provisions of this Act on or after the twenty-seventh day of August 1937 and before the date of the commencement of the Bengal Tenancy (Amendment) Act 1938 are hereby declared to be inoperative from the date of such decree or order until the expiry of the ten years referred to in sub-section (1). [...] (b) The rent of the lands which have reapeared shall for the purposes of the payment both of the arrears of rent under this susection and of the rent due thereafter (until such rent is modified in accordance with the provisions of this Act) be calculated on the rent of the remainder of the tenancy existing when possession of the lost lands is resumed and shall bear the proportion to that rent