ABDUL RAKIB KHAN Vs. JALAL AHMED

JUDGEMENT

(1.) The only question that arises in this appeal is whether, in a case where the tenure-bolder bought the subordinate raiyati interest before the amendment of Section 22 of the Bengal Tenancy Act in 1907, the subordinate right lost its separate existence and got merged in the superior right after the amending Act of 1907 same into force; or, in other words, whether the amending Act of 1907 has any retrospective effect.

(2.) The plaintiff was a co sharer of a howla under which there was a raiyati right which was purchased by the plaintiff on the 18 Magh 1312 B.S. and subsequently be let out to the defendant's predecessor on the 18 Pous 1315 in under-raiyati right for 9 years which term expired in the end of 1323 B.S. He has consequently brought this suit under Section 49 of the Bengal Tenancy Act to secure ejectment of the defendants from the lands in suit.

(3.) The defence is that the subordinate right having got merged in the superior right alter 1907 the defendants occupy the status of a raiyat and are not liable to be ejected under Section 49A of the Bengal Tenancy Act. Both the Courts below have given effect to this plea and held that the defendants are raiyats occupying the status of a settled raiyat of the village and are not liable to be ejected. They have taken the view that Section 22 of the Bengal Tenancy Act, as amended in 1907, extinguished the raiyati interest purchased by the plaintiff which got merged in his howla right.