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Section 40: Right of fishery in a khas tank not to interfere with raiyat’s rights

Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949State Act of Bihar · Act 14 of 1949

Where any person in in enjoyment of the right of fishery in a khas tank or other water reservoir, the extent and nature of his right will depend on the terms of the lease under which he holds, But neither he nor the landlord shall interfere with any right irrigation that may been acquired by any person.

COMMENT There are certain consideration as specified in Section 28 of the Santal Pargana Tenancy Act which have to be kept in view in making any settlement of the waste land in the district of Santal Pargana but the remedy if any against the contravention of those considerations is to file an application under Section 32 of the Act and not by way of any independent suit. The order passed on the application under Section 32 subject to any appeal and revision under Section 57, 58 and 59 of the Act shall as operate as final.

[Jahanbi Devi v. Bodi Mistry, 1965 B L J R [xiv (Sum)].

Where this provision sits

ActSanthal Parganas Tenancy (Supplementary Provisions) Act, 1949
Section40
Marginal noteRight of fishery in a khas tank not to interfere with raiyat’s rights
JurisdictionState of Bihar
StatusIn force as published by the source

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