Law:

Section:

Bengal Tenancy Act (VII of 1885), S. 86 A (as amended in 1928 and 1938) Not retrospective Tenant obtaining remission on account of diluvion whether presumed to have surrendered his right, title and interest in submerged land Question to be decided according to law prevalent at time when abatement of rent is obtained No presumption of surrender of holding in case of tenant obtaining abatement of rent due to diluvion before 1928. The provisions of amended section 86 A of 1928 and sec¬tion 86 A of 1938 of the Bengal Tenancy Act, 1885 have not been made retrospective either by implication or by any express pro-vision in the Act. Whether abatement of rent of a holding on the ground of diluvion implies a surrender of the holding will be governed by the law prevalent at the time of abatement. If a tenant obtained abatement of rent before 1928 on account of diluvion of a portion of land or whole of the land of the holding, the tenant thereby does not lose his right, title and interest in his tenancy under the general law, and can resume the land submerged on re appearance but if the tenant obtained remission of rent after the amendment of 1928 and before the amendment of 1938 of section 86 A of the Bengal Tenancy Act, 18x5 then it will be presumed that the tenant has surrendered his holding. THIS JUDGMENT DELIVERED BY: HASAN, JUSTICE---.--- This appeal is at the instance of the plaintiff against the judg¬ment and decree passed in a suit instituted by her for declaration of her title to the extent of 2 annas and odd share in the suit pro-perties inherited from her father and mother, and for recovery of possession thereof. 2. Mokam Sardar, her father, had 2 jotes, one in Mouza Pakulya, and another in Mouza Dubail, and also had two wives. After the death of Mokam Sardar, there was a partition amongst¬ his heirs by which the children of the first wife got the jote in the Dubail Mouza which has been recorded in the name of a son of Mokam by his first wife, and the children of the second wife including the plaintiff got the jote in Pakulya Mouza which has been recorded in the name of Tena, one of the brothers of the plaintiff. While thus in possession, in Poush, 1353 B.S.,…

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