AIR 1925 CALCUTTA 1169 ::1925 (87) Ind Cas 32

Calcutta High Court

Hon'ble Judge(s): Greaves, Chakravarti , JJ

Bengal Patni Taluks Regulation (8 of 1819) , S.11— Purchaser of patni cannot evict occupancy tenants The policy of the law at the time of the enactment of the patni regulations seem to have been to protect from eviction those cultivating the land; at the time of the enactment of the patni regulations, occupancy rights did not exist, those cultivating the lands were either khudkhast ryots, that is ryots of the village cultivating the lands, or paikast ryots who were cultivators who came from outside the village. Consequently, S. 11 of the Patni Regulations extends protection to the only cultivating ryots of the village then known namely khudkhast ryots or resident and hereditary cultivators. It has been the policy of the law throughout to protect those actually on the land and cultivating it. Therefore, these occupancy tenants also must be deemed to be protected.