9911796707
TMI Blog1882 (6) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is contended that, with reference to the language of Clause 4 of the proviso to Section 6 of Act XI of 1865- for any claim for the rent of land or other claim for which a suit may now be brought before a Revenue Officer, -the claim in the present case is not a claim for which a suit could have been brought before a Revenue Officer at the time when Act XI of 1865 was passed. It is said, therefore, that the case does not fall within the proviso, but comes within the general words of Section 6 of the Act; and that the suit is therefore maintainable in the Small Cause Court alone. 2. We think it unnecessary to consider whether the suit comes within the language of the proviso or not, because it appears to us that this particular suit do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to sue until the amount sought to be recovered exceeded 100 rupees. 4. The third question raised is, whether public works cess can be recovered by the plaintiff upon this so-called patni. The public works cess is provided for by Beng. Act II of 1877, which declares all Immovable property to be liable to the payment of a cess therein called the public works cess. Section 5 enacts that all holders of estates or tenures shall pay the public works cess at the rate determined under Section 4 and in the manner and the proportions prescribed for the payment of the road cess by the District Road Cess Act. Section 9 provides that the words and expressions' house,' 'estate,' 'tenure,' 'district,' 'immovable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter Steam Navigation Company 3 Best and Smith's Reps. 732. It was there held that the allegation of a several fishery prima facie imports ownership of the soil,-Blackburn, C.J., dissenting, although he' held that the Court was bound by the authorities to that effect. Now, in England, a several fishery may undoubtedly exist apart from any ownership of the soil under the water. It may exist as an incorporeal right. Where it exists as an incorporeal hereditament, it has been held not to be the subject of occupation, and therefore not to be rateable for the relief of the poor; and it required express words in the Rating Act, 37 and 38 Vict., c. 54, Section 3, to make rights of fishing when secured from the occupation of land, rateable f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ultivated, uncultivated or covered with water. We may further observe that, in Act VII of 1868 of the Bengal Council, the word 'tenure' is defined to include all interests in land, whether rent-paying or lakhiraj (other than estates as above defined) and all fisheries. Now, if the word 'tenure,' in its ordinary acceptation, included fisheries, it would have been unnecessary for the Legislature to say in so many words that in Beng. Act VII of 1868 it was to include fisheries. Beng. Act VII of 1868, it is to be observed, was passed before the District Road Cess Act (Beng. Act X of 1871); and if it can be contended that, in the latter Act, the omission of fisheries in the definition was due to an oversight of the Legislature, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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