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1957 Supreme(Cal) 194

P.N.MUKHERJEE, SARMA SARKAR
AHIDHAR GHOSE – Appellant
Versus
NISU BALA DEVI – Respondent


Advocates Appeared:
NAGENDRA MOHAN SHAH, RAJENDRA BHUSHAN BAKSHI

P. N. MOOKERJEE, J.

( 1 ) A single question calls for decision in this appeal.

( 2 ) THE question is short but somewhat intriguing and of some abiding importance and it may arise and, as a matter of fact, it has actually arisen in a number of cases.

( 3 ) THE point is how the West Bengal Estates Acquisition Act, 1953 (W. B. Act I of 1954) affects the relationship between an intermediary (a quondum tenure-holder) and his quondum under tenure-holder in the matter of realisation of rents or to be more precise, realisation of his decretal dues for rent by execution.

( 4 ) THE respondent was a tenure-holder and the appellant the holder of a subordinate tenure under her. For arrears of rent, the respondent obtained a decree against the appellant in Rent Suit No. 1 of 1954 of the 8th Court of the Subordinate Judge at Alipore. That was as far back as December 20, 1954. In the meantime, the West Bengal Estates Acquisition Act, 1953 (W. B. Act 1 of 1954) had come into force on February 12, 1954, and the vesting of the estate concerned and all interests therein (including the respondent's tenure and the appellant's subordinate tenure) had taken place on April 15, 1955. The decree, on tran










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