1949 Supreme(Cal) 4
HIGH COURT OF CALCUTTA
G. N. DAS, J.
Kunja Behari Barman
Versus
Mritunjoy Prosad Roy Choudhury
Civil Rules Nos. 345 and 346 of 1949
Decided On : 10-01-1949
Advocates:
S.K. Das and Binode Behari Haldar - for Petitioners.Chandra Sekhar Sen and Jajneswar Mozumdar - for Opposite Party.
The main legal point established in the judgment is that the addition of alleged lessees at a date beyond the period mentioned in S. 37A(2) of the Act does not attract the bar of limitation.
Headnote:
Bengal Agricultural Debtors Act - S. 37A - Summary of Acts and Sections: S. 37A, Bengal Agricultural Debtors Act - The court discussed the completion of leases, possession of the certificate holder, and the question of limitation under S. 37A(2) of the Act. The court ruled that the applications under S. 37A were allowed and set aside the order of the Additional District Judge.
Fact of the Case:
The petitioners, agricultural tenants under the Bhowanipur Wards Estate, filed applications under S. 37A, Bengal Agricultural Debtors Act after their tenancies were brought to sale due to rent arrears. The Special Debt Settlement Board dismissed the applications, but the Appellate Officer allowed the appeals. The District Judge later allowed the petitions, and the petitioners filed two Rules in the Honble Court, which were allowed by the learned Judge.
Finding of the Court:
The court found that the leases in favor of opposite parties Nos. 6 and 7 were completed after the relevant date, and the applications under S. 37A were not barred by limitation.
Issues: The issues included the completion of leases, possession of the certificate holder, and the question of limitation under S. 37A(2) of the Act.
Ratio Decidendi: The court ruled that the applications under S. 37A were allowed and set aside the order of the Additional District Judge. It was held that the addition of the alleged lessees, opposite parties Nos. 6 and 7, at a date beyond the period mentioned in S. 37A(2) of the Act does not attract the bar of limitation.
Final Decision: The court made the Rules absolute, set aside the order of the Additional District Judge, and allowed the applications under S. 37A, Bengal Agricultural Debtors Act. The petitioners were entitled to their costs in these rules.
ORDER :- These two Rules are at the instance of the applicants under S. 37A, Bengal Agricultural Debtors Act. The facts are shortly these : The petitioners are agricultural tenants under the Bhowanipur Wards Estate the proprietors whereof are opposite parties Nos. 1 to 8 represented by the Manager, Court of Wards. The petitioners held two tenancies and rents having fallen into arrears at the instance of the Bhowainpur Wards Estate two certificates for rent were issued and in execution of these certificates the two tenancies were brought to sale on 24th January 1938. Possession through Court was taken on 17th June 1939. Section 37A, Bengal Agricultural Debtors Act was inserted by Bengal Act, II [2] of 1942, and came into force by a Notification on 18th June 1942. On 4th June 1943 two applications which have given rise to the present revision cases were filed by the debtors under S. 37A of the Act, These two applications were registered as cases Nos. 625(8) of 1943 and 626(8) of 1943 of the Special Debt Settlement Board of Dismond Harbour. The parties impleaded in these applications were the disqualified proprietors, namely opposite parties Nos. 1 to 8, represented by the Manager, Court of Wards. On an objection raised by the Manager, Court of Wards, opposite parties Nos. 6 and 7 who are two of the disqualified proprietors were added as parties to the application, on 7th September 1945. These two opposite parties filed an objection on the ground that they were lessees under the Wards Estate, the leases having become operative on 16th August 1939, that is, before the relevant date mentioned in S. 37A of the Act. On 24th November 1945 the Special Debt Settlement Board dismissed the applications solely on the ground that the certificate-holder who was the auction-purchaser was not in possession on or after relevant date, that is, 20th December 1939. The other objections raised were overruled by the Debt Settlement Board. Against the order of the Debt Settlement Board the petitioners took two appeals to she Appellate Officer. These were numbered as Debt Settlement Board Appeals Nos. 132 of 1945-1946 and 134 of 1945-1946. On 27th June 1946 the Appellate Officer allowed these appeals. Against the order of the Appellate Officer tour petitions in revision were filed before the District Judge, two of these were filed by the Court of Wards being numbered as 150 of 1946 and 152 of 1946. Two other petitions which were filed by opposite parties Nos. 6 and 7 were numbered as 151 of 1946 and 153 of 1946. By an order dated 23rd September 1947, the District Judge allowed all these petitions being of the opinion that the leases in favour of opposite parties Nos. 6 and 7 were completed on 16th August 1939 and as such the applications under S. 37A could not be maintained. Against the order of the District Judge the petitioners filed only two petitions in this Honble Court. On these petitions two Rules were issued by Mukherji, J., being numbered as Civil Revision Cases Nos. 2067 of 1947 and 2068 of 1947. It appears that in the petitions which were filed in this Court the number of the corresponding revision petitions before the District Judge was given respectively as 150 of 1946 and 151 of 1946. The corresponding numbers of the appeals before the Appellate Officer were given as 132 of 1945-46 and 134 of 1945-46. It would appear, therefore, that in the petitions filed there was a mistake in not putting down the numbers of all the revision cases which were filed before the District Judge but the number of the appeals which were filed before the Appellate Officer was correctly given in both the petitions. These revision cases earn a on for hearing before Mukherji, J. By big order dated 29th June 1948 the learned Judge allowed these applications. In the course of his judgment it was observed that the real point for decision was not when sanction of the Board of Revenue was obtained to the grant of the two leases in favour of opposite parties Nos. 6 an
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