Search Results Page

Search Results

1 - 3 of 3 (0.21 seconds)
Pramatha Nath Das Bairagi vs Champa Dasi on 7 May, 1928 cites

Abdul Hakim Khan Chowdhury vs Elahi Baksha Saha on 9 June, 1924

As I read the decision in Abdul Hakim v Elahi Baksha , I do not think that the learned Judges intended to lay down that the existence of pucca structure was essential in all cases in order to establish a permanent tenancy. It appears further in this case that there has been long possession at a uniform rent in a locality where, as has been pointed out by the lower appellate Court, the value of lands have enormously increased. That is an element which should be taken into consideration along with other facts in considering whether the rent was not increased or no attempt at ejectment was made because the landlord knew that the1 nature of the tenancy was permanent.
Calcutta High Court Cites 9 - Cited by 6 - Full Document

Bireswar Mookherji And Ors. vs Srimati Troilokhya Dasi on 27 April, 1926

The facts of this ease fall within the purview of the recent decision of this Court in the case of Bireswar Mookherji v. Troilokhya Dasi [1926] 30 C.W.N. 709. It is to be noticed that, before the passing of the Transfer of property Act, an ordinary tenancy was not heritable and as admittedly there have been several successions in the present case, the inference is legitimate that the tenancy was a permanent tenancy. If the land was held on a thika tenancy there is every reason to suppose that when the value of the land increased abnormally the same rent might not have been continued for a large number of years. In cases of this description no inflexible rule can be laid down and each case must depend on its own facts. There is a further element in this case which requires consideration.
Calcutta High Court Cites 1 - Cited by 3 - Full Document
1