Bempi Singho v. Davith Singho – 1978_79 volume 2 page 215

In Bempi Singho v. Davith Singho, the court considered whether a tenant cultivator, as defined under the Paddy Lands Act, could maintain a civil action for damages following wrongful eviction, despite the existence of a statutory eviction procedure. It was held that the statutory scheme governing eviction and restoration of possession under the Paddy Lands Act does not preclude tenant cultivators from pursuing civil remedies for damages arising from wrongful eviction. This interpretation relied on analysis of the Paddy Lands Act, particularly sections 4(1), 4(1A), 4(9), 14(1), and 19(1), highlighting that statutory protections would be undermined if civil relief for damages were barred. The appeal was dismissed, affirming that tenant cultivators retain the right to claim damages in civil p

REF: 1978_79 volume 2 page 215 Category: Tag:
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