Calcutta High Court
Bally Dobey vs Ganei Deo And Anr. on 31 July, 1882
Equivalent citations: (1883)ILR 9CAL388
JUDGMENT Tottenham, J.
1. We are of opinion that the lower Courts' judgment is correct. The question involved in the suit is whether a shikmi ghatwali tenure, held under the superior ghatwal, is liable to be sold in execution, or its proceeds liable to attachment for satisfaction of the debt due from its holder. The lower Court has held that it is not liable for such debts, and we entirely, concur in that opinion. The shikmi tenure partakes of the nature of the superior ghatwali tenure, and as the latter has been repeatedly held by this Court to be not liable for such, debts, the former will be necessarily so. The inferior tenure cannot have larger incidents attached to it than the superior.
2. We accordingly dismiss the appeal with costs.