Judgement

Appeal (No. 68 of 1934) from a decree of the High Court (April 27, 1933) reversing a decree of the First Additional Subordinate Judge at Patna (June 20, 1930).

The first question which arose in this appeal was whether the first respondent, Musammat Ramratan Kuer, had proved that she had occupancy rights in 641.15 acres = 1005 bighas odd of raiyati land situated in the district of Patna, Bihar. She was sued by the appellant on the footing that she had taken a transfer of a non-transferable occupancy holding by deed dated September 28, 1916, and that he was entitled to re-enter.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge made a decree ejecting the first respondent.

Upon appeal to the High Court the learned judges (Wort and Fazl Ali JJ.) were of opinion that since the date of the deed the appellant or his predecessors had recognized the right of the transferee and could not now impugn the transfer.

While the appellants appeal to the Judicial Committee was pending the Bihar Tenancy (Amendment) Act, 1934, was passed, which by s. 10 inserted certain sections into the Bengal Tenancy Act, 1885, in its application to Bihar and Orissa, s. 26