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Issues Involved:
1. Whether the case of Dhoronidhur Sen v. Wajidunnissa Khatoon I.L.R. Cal. 708 was rightly decided. 2. Whether an unregistered proprietor can maintain a suit for rent against a tenant. Issue-Wise Detailed Analysis: 1. Whether the case of Dhoronidhur Sen v. Wajidunnissa Khatoon I.L.R. Cal. 708 was rightly decided: The judgment discusses whether the plaintiff had a cause of action against the defendant at the time of bringing the suit. If the plaintiff had a cause of action but lacked the evidence due to unregistered title, and if this defect was cured by registration before the final hearing, then the case was wrongly decided. However, if the plaintiff had no cause of action that could be enforced at the time of bringing the suit, then the case was rightly decided. The judgment distinguishes between defects in proof and defects in the cause of action, referencing the English Copyright Act and the Patent Law Amendment Act. The property in question was in the Mofussil, and the Bengal Tenancy Act applied. Section 78 of Act VII of 1876, read with Sections 79, 81, and Section 60 of the Bengal Tenancy Act, indicated that the right to recover rent was vested in another person at the time of the suit. Overruling the case would place tenants in a predicament, potentially subjecting them to multiple suits for the same rent. The judgment concludes that the case of Dhoronidhur Sen v. Wajidunnissa Khatoon I.L.R. Cal. 708 was rightly decided. 2. Whether an unregistered proprietor can maintain a suit for rent against a tenant: The judgment addresses whether an unregistered proprietor is absolutely barred from bringing a suit for rent or if they can bring a suit but not obtain a decree until registered. Section 78 of the Land Registration Act states that no person shall be bound to pay rent to an unregistered proprietor. The judgment considers the primary objective of the Land Registration Act, which is to enforce registration and provide protection to the government, proprietors, and tenants. The judgment interprets Section 78 as placing an impediment in the way of an unregistered proprietor recovering rent but not necessarily barring them from instituting a suit. The judgment references other statutes and cases to illustrate that the right to obtain a decree may be contingent on fulfilling certain conditions, such as registration. The judgment concludes that an unregistered proprietor can institute a suit but cannot obtain a decree until registered. This interpretation prevents injustice and aligns with the principles of statutory interpretation. Separate Judgments: - William Comer Petheram, J.: Concluded that the case of Dhoronidhur Sen v. Wajidunnissa Khatoon I.L.R. Cal. 708 was rightly decided and that the suit brought by the unregistered proprietor should be dismissed if Section 78 applies. - Henry Thoby Princep, J.: Argued that the unregistered proprietor should be able to proceed with the suit if they obtain registration during the trial, emphasizing the primary objective of the Land Registration Act and the need to prevent injustice. - John Freeman Norris, J.: Concluded that the suit may proceed, interpreting Section 78 as not barring the institution of a suit but requiring registration for obtaining a decree. - S.C. Ghose, J.: Emphasized that the right to rent is in the lawful owner and that the suit should not be dismissed if the plaintiff obtains registration before the trial. - Beverley, J.: Agreed with the Chief Justice that an unregistered proprietor has no cause of action for rent and that the suit should be dismissed if Section 78 applies. However, he noted that Section 81 might allow recovery under certain conditions.
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