Law:

Section:

  East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951)-No distinction between "khas possession" and "right to khas possession".   East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951)-Decrees for khas possession obtained by out going rent-receivers prior to acquisition-No provision for execution cases pending on date of acquisition.   East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S. 3(4), Cls. (a) & (f ) --Clauses inter-related Meaning.   Clauses (a) and (f) to subsection (4) of section 3, East Bengal State Acquisition and Tenancy Act, 1951 are inter-related, and read together mean that although all interests of rent-receivers in estates, taluks etc. including their interests in khas lands vest in the Provincial Government from the date specified in a notification under subsection (1) of section 5, the rent-receivers shall, notwithstanding such vesting of interest, be entitled to hold as tenants directly under the Provincial Government such of their khas lands as has not been acquired under subsection (2) of that section being in excess of the maximum limits prescribed by section 20 of the East Bengal State Acquisition and Tenancy Act, 1951. While clause 'a) refers to all interests of rent-receivers, including their interests in lands their khas possession, that clause does not, in terms, include also decrees for khas possession of lands obtained by rent-receivers prior to the acquisition of their estates, taluks etc. The mere facts that the lands of such decrees appertained to their estates, taluks etc., before their acquisition cannot go to show that the decrees themselves are also covered by clause (a). East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Ss. 3 (4)(c) & 44(7) read with S. 61-Decree for arrears of rent obtained before acquisition-Only decree to vest in Provincial Government.   East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) Ss. 39 & 37-Land ceased to be tenanted-land with passing of decree for khas possession-Compensation to be assessed under S. 39 treating such land as khas land.  …