| Case ID |
f6938047-2888-4468-904c-5cd8040820fb |
| Body |
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| Case Number |
Letters Patent Appeal No. 2 of 1958 |
| Decision Date |
Feb 10, 1959 |
| Hearing Date |
|
| Decision |
The Dacca High Court ruled that the suit for ejectment was maintainable as the korfa tenant had transferred the holding without the landlord's consent, thus abandoning the holding. The transferee was deemed a trespasser, and the landlords were entitled to re-entry. The court emphasized the necessity for all co-sharer landlords to be party to the ejectment suit for it to be valid. This ruling upheld the interpretation of Section 188 of the Bengal Tenancy Act, allowing some landlords to file the suit while ensuring that others were given the opportunity to join as co-plaintiffs or co-defendants. |
| Summary |
The decision by the Dacca High Court in the Letters Patent Appeal No. 2 of 1958 revolves around the interpretation of the Bengal Tenancy Act, particularly Section 188, concerning the rights of landlords and tenants. The case highlights the legal ramifications of a korfa tenant transferring property without landlord consent, categorizing such transfers as abandonment. It establishes that the transferee lacks rights against the landlords, who can treat them as trespassers. The court's ruling underscores the importance of including all co-sharer landlords in any ejectment proceedings, ensuring legal compliance under the Act. This case serves as a crucial reference point for future disputes involving tenant-landlord relationships and property rights, particularly in cases of unauthorized transfers. Legal practitioners should note the precedent set regarding the need for unanimous participation of landlords in ejectment suits to avoid procedural complications. |
| Court |
Dacca High Court
|
| Entities Involved |
Not available
|
| Judges |
CHAKRABORTI, JUSTICE,
AMIN AHMED, CHIEF JUSTICE
|
| Lawyers |
Mr. Acharyya,
Mr. Das,
Mr. Banik,
Mr. Yakub Hossain
|
| Petitioners |
ANOTHER,
MANIK PRAMANIK
|
| Respondents |
OTHERS,
ISMAIL PAL
|
| Citations |
1960 SLD 181,
1960 PLD 945
|
| Other Citations |
Golam Mostafa Chowdhury and others v. Jabiruddin Sarker and others P L D 1959 Dacca 169,
Jasada Kumar Roy Chowdhury and others v. Abdul Rahman and another 38 C W N 841
|
| Laws Involved |
Bengal Tenancy Act, 1885
|
| Sections |
188
|