Dino Nath Dey vs Golap Mohini Dasi

In this case one Nemai Charan Ghosal, on the 26th January 1894, sued for twelve annas rent of four holdings for the years 1298 to 1300. The defendant in that suit was Sat Kari Debi. During the pendency of the suit the plaintiff Nemai Charan transferred his right in the mehal to Golap Mohini Dasi. This took place on the 26th January 1895. Subsequently, on the nth June, he sold the decree he had obtained against Sat Kari Debi, also to Golap Mohini Dasi. In execution of the decree the Subordinate Judge held that there was a division of the tenancy in regard to three out of the four holdings, and that he was prevented, under sec. 170 of the Bengal Tenancy Act, from entering into any claim in regard to these three holdings by the assignees of the judgment-debtor.

In the present Act the law is, as it was before it, that the landlord had a first charge for his rent, and a rent-decree, if assigned under sec. 232, ceased to be a rent-decree, and became only an ordinary civil demand recoverable under the Procedure Code. This general power of assignment under sec. 232 of the Code at the will of the Court is now limited under sec. 148, cl. (h) of the Tenancy Act, which runs as follows :-- "Notwithstanding anything contained in sec. 232 of the Code of Civil Procedure, an application for the execution of a decree for arrears obtained by a landlord shall not be made by an assignee of the decree unless the landlord''s interest in the land has become and is vested in him." Therefore unless the assignee has the landlord''s interest in the land, he cannot execute the decree. If he has obtained the interest, and has been put as assignee on the record under sec. 232, he may execute it; but the Act does not make the effect of an assignment under sec. 232 different from what it did before the Code. We therefore make the rule absolute with costs one gold mohur.