The Land Law of Bengal With Behar And Orissa

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The Land Law of Bengal With Behar And Orissa
Srad Charan Mitra
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Amir, (1900) 3 C. L. J. 337 ; Narendra v. Gora, (1905) I. L. R. 33 Calc. 683, sc, 3. C. L. J. 391.
2 Aa IX (B. C. ) of 1880, Sec. 47. For definition of rent see Sec. 3 of Aft VIII of 1885 ; Umachurn v. Ajadannissa, (1885) I. L. R. 12 Calc, 430; Mahanund v. Bentmadhub, (1896) I. L. R. 24 Calc. 27.
TALUQS.
I8 3 They are generally heritable and transferable. 1 But exceptions are not unfrequent. Taluqdari grants for life only, though at fixed rent, are not uncommon ; and it has been held that a lea
...se, at fixed rent, without words creating a heritable or transferable right, is a lease for life only, with reversion to the landlord. 2 But every grant must be construed according to the ordinary rules of interpretation, custom and usage in the locality, the surrounding circumstances, and the way in which the lands demised have been dealt with by the parties being taken into consideration. 3 If the zemindar has allowed sons and grandsons in succession or alienees after alienees to hold a tenure, the presumption will be that it is heritable and transferable, even without express words to that effect in the grant.

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