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1931 Supreme(Cal) 275

Raja Rishee Case Law – Appellant
Versus
Jarilal Mahapatra – Respondent


JUDGMENT

Jack, J. - This Rule has been issued calling upon the Opposite Party to show cause why an order allowing an application under Or. 21, r. 100 of the CPC should not be set aside. The Rule was issued on the ground that in a matter arising out of an application under sec. 26F of the Bengal Tenancy Act, the Court below had no jurisdiction to entertain a claim under Or. 21, r. 100, Civil Procedure Code. This Rule runs as follows:--"Where any person other than the judgment-debtor is dispossessed of immovable property by the holder of a decree for the possession of such property or where such property has been sold in execution of a decree, by the purchaser thereof, he may make an application to the Court complaining of such dispossession." It is urged that the dispossession under Or. 21, r. 100 must be by the purchaser of the property sold in execution of a decree. In this case the dispossession was by the landlord who was put into possession under sec. 26F of the Bengal Tenancy Act. Under cl. (6) of sec. 26F the right, title and interest in the holding shall be deemed to have vested in the immediate landlord, whose application has been allowed, from the date of making the order u

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