MRS VESTA CLIFFON SEBASTIAN Vs. KULODA PROSAD DEOGHARIN

JUDGEMENT

(1.) This rule arises out of an application under Section 211 of the new Chota Nagpur Tenancy Act (VI of 1908). This Act was passed on the 11 November 1908 and at that time the District of Manbhum was not governed by it. On the 22 December, 1909,. a Government Notification was issued extending the whole of this Act to the District of Manbhum. In the meantime on the 19 August 1909, the claimant had taken a kobala of certain lands forming part of a holding. After the promulgation of the new Act in the District of Manbhum, these lands being attached in execution of a money decree, the claimant put in a claim under Section 211 of the Chota Nagpur Tenancy Act and asked for the release of the land. Her claim has been rejected on the ground that under Section 46 of Act VI of 1908, the transfer of the holding was bad and that, therefore, no title passed to her.

(2.) It has been contended before us that Section 46 of Act VI of 1908 has no application in bar of the claimant's title. The reason given is that Section 46 was not in force in the District of Manbhum at the time that the claimant took her kabala and that the promulgation of the Act in December 1909 could not, without any express terms, take away any rights which might be vested in her by her kobala of a prior date,

(3.) That certainly is the general rule of interpretation applicable to Statutes.