High CourtsFull Bench

Shambhu Nath Singh vs Sheo Pershad Singh

Calcutta High Court · Decided on 14 January 1913 · Citation: (1913) ILR (Cal) 462

HON’BLE JUDGES
Jenkins, C.J · Stephen, J · Mookerjee, J · Holmwood, J · Harington, J
ACTS & SECTIONS REFERRED
Bengal Tenancy Act, 1885 — Section 148(h)
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Judgment

6 paragraphs · 111 words

Holmwood, J.—Whose tenant is he then? Section 148 (h) is clear. In this case, only he decree was assigned.

Jenkins C.J.

2.

But his interest also expired.

3.

The judgment of the Court (Jenkins C.J., Haring-ton, Stephen, Mookerjee and Holmwood JJ.) was delivered by

Jenkins C.J.

4.

We are of opinion that by the term "landlord''s interest" in Section 148, Clause (h) of the Bengal Tenancy Act is meant the interest of the person entitled to receive the rent from the tenant at the date of the application for the execution of the decree. The result is that the appeal is allowed, and the execution will proceed in the usual way.