Dwarka Nath Sen and another vs Pearl Mohan Sen and others

This is an appeal from the decision of the Subordinate Judge of Jessore upholding a decision of a Munsif of that district. The circumstances of the case are shortly these :--An ijara expired, and the ijaradar, after expiration of his lease, sold to the superior landlords a decree he had got for rent, assigning it in the manner referred to in sec. 232 of the Code of Civil Procedure.

The transferees applied for execution of the decree, and, on notice being issued, the. judgment-debtors objected on the ground that execution of the decree was prohibited under sec. 148,,cl. (h), of the Bengal Tenancy Act. Clause (h) of that section runs as follows:-

Notwithstanding anything contained in sec. 232 of C P.C., 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." In this case the ijaradar was the landlord. His ijara expired. His interest did certainly not vest in his landlords. It may be quite true, for aught we know, as it has been argued here, that they were entitled to get the same amount of rent as the ijaradar, but the fact of a person being entitled to get the same amount of rent does not mean that the ijaradar''s interest in the land is vested in him.

The appeal is decreed with costs. We assess the hearing fee in this Court at one gold mohur.