The Bengal tenancy act; being Act VIII of 1885, as amended up to date, with notes, judicial rulings, rules, and notifications, &c., &c

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...of the confirmation of the sale, and so far as regards the parties to the suit, and persons claiming under or through them, the title to the property sold shall vest in the purchaser, from the date of such certificate and not before: provided that the decree under which the sale took place was still subsisting at that date." But in the interval between the sale and the confirmation of the sale, there is not merely 'a contract for sale, but an inchoate transfer of title which only requires confirmation to perfect it--(Pran Gour v. Hemanta Kumari I. L. R., 12 Cal., 597). In a sale for arrear of revenue the transfer dates from the time the sale becomes final in conclusion. See section 28 of Act XI of 1859. Under the Bengal Tenancy Act rent should ' ordinarily " be regarded not as accruing from day to day but as falling due at stated times Accrual of rent. according to the contract of tenancy, or according to the general law, in the absence of such a contract.--Satyendra Nath r. Nilkantha, I. L. R„ 21 Cal., 383. Accordingly where a tenure was put up to sale and purchased by the defendant, and the landlord brought a suit for rent for a period previous to the confirmation of sale and before the title of the purchaser had become perfected, it was held that he was entitjcd to recover the entire amount of the instalment which fell due after #iat date.--Ibid. When a landlord has brought a tenure to sale in execution of a decree for arrears of rent, the purchaser becomes his tenant only from the date of the confirmation of the sale, and the arrears accruing due between the date of sale aud the date of confirmation of sale must be treated as arrears of rent payable by the out-going tenant, whose interest does not cease till the sale is confirmed.--(Karu...