Law: East Bengal State Acquisition and Tenancy Act, 1950

Section: 3

  (a) East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Ss. 3(4)(e) & 44 read with Chapter V---Non -retainable khas land, tenant of-Can be dispossessed only after steps enumerated in Chap. V have been taken. A tenant can be dispossessed of his non-retainable khas land only when the steps enumerated in various sections in Chapter V, have been taken. So far as a tenant is concerned the classification of his khas land is determined after the prepara tion of record-of-rights and possession thereof is to be taken after completing the steps detailed in Chapter V of the Act. Preparation of the record-of-rights involves decision as to whether land is agricultural land, or a fishery or a hat or bazar and then the consequences set out in various clauses under section 44 would ensue. He is, therefore, entitled to claim to be informed that those steps have been taken. In a Court of law, when challenged that those steps have not been taken, the Provincial Government which seeks to take possession of those non-retain able khas lands would be called upon to prove that the require ments of law have been complied with. Jibendra Kishore Acharya v. Province of East Pakistan P L D 1957 S C (Pak.) 9 and Province of East Pakistan and others v. The Secretary, Muktagacha Abbasia Senior Madrasha P L D 1964 S C 401 rel. (b) Transfer of Property Act (IV of 1882), S. 107 read with 5 Registration Act (XVI of 1908), S. 17(1)(d)----Lease given by unregistered document for more than one year----Creates no tenancy for that number of years---Tenancy, held, still valid for one year. Plaintiff had taken settlement of fishery for eleven years but the amalnama was not registered. It was argued that the amal nama being an unregistered document could not operate to create a right in the land because the demise was a lease within the meaning of section 17(1)(d) of the Registration Act, 1908 and, therefore, its registration was necessary. It was argued on behalf of plaintiff that the said document although not registered may be received in evidence for a collateral purpose together with the evidence relating to possession and that though the amalnama purported to create a…