AIR 1946 CALCUTTA 35

Calcutta High Court

Hon'ble Judge(s): Henderson , J

Bengal Tenancy Act (8 of 1885) , S.168A— Applicability - Darpatnidar in possession of patni as girbidar u/S.13, Bengal Patni Taluqs Regulation No.8 (VIII) of 1819, is not tenant of zamindar - S.168A held did not apply to decree obtained by zamindar against darpatnidar. Section 168A is part of the law of landlord and tenant and it cannot possibly have any application to decrees obtained by a plaintiff against a person with whom there is no relationship of landlord and tenant. The fact that the darpatnidar is in possession of the patni as girbidar under S.13, Bengal Patni Taluqs Regulation, does not make him a tenant of the zemindar.(Para 36C1) Under an agreement between the zamindar and the darpatnidar the latter agreed to pay to the former a sum of money equal to patni rent for a year which was due from the patnidar to the zamindar and it was stated that the claim could be enforced under the statutory provisions for realisation of rents. The zamindar obtained a decree on the basis of the agreement against the darpatnidar: Held that there was no relationship of landlord and tenant between the zamindar and the darpatnidar and, therefore, S.168A could have no application to the decree obtained by the zamindar.(Para 36C1) .....