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Kamini Sundari Bewa vs Nepal Mondal And Ors. on 23 February, 1931

Kamini Sundari Bewa v. Nepal Mondal and Dinanath Dutta v. Kshitish Chandra [1928] 35 C.W.N. 1001 both decided by my learned brother Dwarkanath Mitter, J. There again it was held by him that the clause in Section 160 was wide enough to "cover and did cover the case of an ,under-raiyat having a right of occupancy; but ho addressed himself to the question whether, if the under-raiyati was an interest invalid against the landlord by reason of Section 85 of the Act, the right of occupancy could be regarded as a protested interest capable of being set up against the landlord or the landlord's lessee. He held:
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