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1930 DIGILAW 93 (CAL)

Mir Belayet Ali v. Radhikalal Das

1930-03-06

RANKIN

body1930
ORDER Rankin, C.J. - In my opinion this Rule must be discharged. In appears that the transferee paid money into Court on the footing that he had taken transfer of an occupancy holding. In these circumstances, it appears to me that the landlords' right arose under the new clause in the Bengal Tenancy Act and that, if the transferee has gone to expense in putting masonry buildings in the meantime upon the property he has done that at his own risk. This case cannot be treated as a case of encumbrance nor is it possible for the Court to go outside the language of Section 25(f)(2). Ben. Ten. Act, and to order compensation which is not authorised thereby. The Rule must, therefore, be discharged with costs. Hearing fee one gold mohur.