East Bengal Service Tenants (Protection) Act, 1952

 

East Bengal
Service Tenants (Protection) Act (E.B. Act IX of 1952)

 

S. 3—Section 3
of the E.B. Service Tenants (Protection) Ordinance, 1952, does not embrace the
proceedings under section 12 of the E.B. State Acquisition and Tenancy Act. The
Proceedings affected by section 3 of the Ordinance are applications for
execution of a decree for ejectment or other proceedings relating thereto or a
suit for ejectment. An application by the landlord under section 12 of the E.B.
State Acquisition and Tenancy Act is neither an application for execution of a
decree for ejectment, nor is it a suit for ejectment.

The word
‘thereto’, in section 3 of the Ordinance refers either to “application” or
“decree for ejectment” not to “ejectment of a service tenant.” Section 3 of the
Ordinance does not affect an application under application 12 of the E.B. Slate
Acquisition and Tenancy Act.

Though the
E.B. State Acquisition and Tenancy — gave occupancy right to the nankar tenant,
the was conferred with effect from the date when the Act came into force. It
has no retrospective effect and ‘1 not give any relief in respect of ejectment
suit proceeding instituted before it came into force. 3 of the Ordinance are
designed to give protection from such Suits and proceedings. It does not refer
to a proceeding under section 12 of the Act.

Latif Ali
Vs. Monwar Ali (1954) 6 DLR 326.

 

No
retrospective effect—Nankar tenants

By section
II of the E.B. State Acquisition and Tenancy Act of 1950(East Bengal Act
(XXVIII of 1951) nankar tenants have been given a right of occupancy with
effect from 16th of May, 1951, the date when the Act came into force. Ibid