Section 77

If in actions for rent a third person appear as claimant, he is to be made a party to the suit.

The Bengal Rent Act, 1859

  • Act 10 of 1859
  • Ministry of Home Affairs
  • Department of States
About this Act

An Act to amend the law relating to the recovery of Rent in the Presidency of Fort Willian in Bengal.

All sections
    When in any suit between a landholder and a ryot or undertenant under this Act, the right to receive the rent of the land or tenure cultivated or held by the ryot or undertenant is disputed, and such right is claimed by or on behalf of a third person on the ground that such third person or a person through whom he claims has actually and in good faith received and enjoyed such rent before and up to the time of the commencement of the suit, such third person shall be made a party to the suit, and the question of the actual receipt and enjoyment of the rent by such third person shall be enquired into, and the suit shall be decided according to the result of such enquiry.
    Proviso.—Provided always that the decision of the Collector shall not affect the right of either party, who may have a legal title to the rent of such land or tenure, to establish his title by suit in the Civil Court if instituted within one year from the date of the decision.
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