1935 (11) TMI 31

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....taken a transfer of a non-transferable occupancy holding in this village by deed dated September 28, 1916. The case made against her was that the transfer of the holding attracted certain principles of law laid down in the well known case of Dayamayi v. Ananda Mohan Roy Chowdhury (1014) I.L.R. 42 C.172, and that the landlord was entitled to re-enter upon the holding as upon an abandonment by the tenant. The deed of September 28, 1916, purported to be a relinquishment by one Ram Kishun and the heirs of one Ganpat, of the tenancy right including the right of occupancy to defendant No. 1, who was the widow of Bansidhari Singh. The purport of the deed was that Ram Kishun and Ganpat had become entitled to the tenancy right as benamidars for defe....

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....ct was June 10, 1935. The first question to which their Lordships have to address themselves is whether this Act does not take away from the appellant the right which he is proposing to enforce by bringing this appeal to His Majesty in Council. 5. By Section 10 of the Act certain sections are inserted into the Bengal Tenancy Act of 1885 so far as regards its application to Bihar and Orissa. By new sections numbered 26(A) to 26(M) provision is made whereby an occupancy-raiyat is given power to transfer his occupancy-holding. This new right is made subject to the payment of a transfer fee to the landlord, the fee being paid either to the landlord direct, or to the collector for the landlord's benefit. In addition to these provisions, whi....

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....ent case, and the plaintiff's appeal must fail in limine. Their Lordships are of opinion that no such saving can be implied. Section 26(N) is not a provision to the effect that no action shall lie in certain circumstances, nor has it any reference directly to litigation. Its provision is that every person claiming an interest as a landlord shall be deemed to have given his consent to every transfer made before January 1, 1923. This is retrospective: the question is not whether general language shall be taken only in a prospective sense. The object of this section can only be to quiet titles which are more than ten years old, and to ensure that if during those ten years the transferee has not been ejected he shall have the right to remai....