Banko Behary Das and Another Vs Krishna Chandra Bhowmick and Others

Calcutta High Court 26 May 1913 Letters Patent Appeal No. 45 of 1911 (1913) 05 CAL CK 0026
Result Published

Judgement Snapshot

Case Number

Letters Patent Appeal No. 45 of 1911

Final Decision

Dismissed

Judgement Text

Translate:

Jenkins, C.J.@mdashThis litigation turns upon the meaning to be attributed to the word ''plantation'' in sec. 160, cl. (c) of the Bengal Tenancy Act.

The word is one of wide significance and would include an assemblage of growing plants of any kind that have been planted. The policy of the

section is obvious and as to whether or not a particular assemblage of plants comes within this must be largely, if not exclusively, a question of fact,

and it appears to us that we cannot on the materials before us say that the lower Court of Appeal was in error when it determined that that with

which we are concerned in this case was a ""plantation"" within the meaning of sec. 160. We must accordingly dismiss the Appeal with costs.

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