The Calcutta Law Journal Short Notes of Cases Articles and other Matters 16th March 1930

In the reponei cases we find that the underaiyats have succeeded in establishing occupancy right by costom with the aid of the presumption in their favour of an entry to that effect in the record-of-right. [...] 5z of the same Act shows that a raiyat who has acquired occupancy right is liable to ejectment for non-payment of rent but a decree for the same purpose will have to be obtained first against him by the landlord and if he fails to pay up the decretal money within the time fixed by the Court he is liable to give up his land. [...] 4. Let us now examine the provisions of the Bengal Tenancy Act and try to determine' whether the view that a tenant under the B. T. Act is not under any necessity to rely upon custom to have occupancy right in his land militates against any of the section of the B. T. Act. [...] 19 of the B. T. Act when it speaks of acquistion of occupancy tight by a raiyat under the old law by the opertion of an enactment it refers to the right as acquired by the rule of T2 year's occupation and it also possibly refers to the right as acquired by a raiyat of the superior grade and inferior grade as well when it speaks of acquisition of occupancy right by custom it means occupan [...] 89 of the B. T. Act it may be urged that this meaning of the expression right of occupancy" as given above is not consistent with the notions we have of "occupancy raiyat" under the B. T. Act.