P L D 1963 Dacca 875 (PLP)

11. The learned Advocate for the opposite‑parties has contended in reply that in view of the notification under section 3 of the Act, all rent receiving interests have vested in the Pro vincial Government with effect from 14‑4‑56, and that there has ,Of been automatic elevation of the under‑raiyats to the position of the raiyats. In support of this contention, reference has been made to subsection (3) of section 4 of the Bengal Tenancy Act, where it has been stated that under‑raiyats are tenants holding immediately or mediately under‑raiyatis, and also to subsection (1) of section 22 of the same Act. Mr. Bhattacharjee has contended that as the raiyati interest recorded in the record‑of‑right vested in the Provincial Government with effect from 14‑4‑56, there cannot be existence of the under‑raiyati holding, and that it has come raiyati‑holding by operation of law. The learned Advocate has also referred to the case of Ram Charan Sutradhar and another v. Rabha Charan Das and others (A I R 1934 Cal. 852). In that case, it has been held that after the auction purchase of the raiyate by the landlord, the under‑raiyats cease to be under‑raiyats and they are automatically raised to the status of raiyats.

12. A statute is to be construed as whole and construction cannot be based upon only a part of it since one portion may be qualified by other portions. In Crawford's Construction of Statutes, 1940 Edition, the following observations appear at page 258: --‑ "Inasmuch as the language of a statute constitutes the depository or reservoir of the legislative intent, in order to ascertain or discover that intent, the statute must be considered as a whole, just as it is necessary to consider a sentence in its entirety in order to grasp its true meaning. Consequently, effect and meaning must be given to every part of the statute which is being subjected to the process of construction to ever section, sentence, clause, phrase and word."

13. In order to ascertain whether from the words "all interests of the rent receivers in the estates, taluks, tenures holdings or tenancies specified in the notification . . . shall vest absolutely in the Provincial Government . . . . "used in subsection (4) (a) of section 3 of the Act, it would follow that the under‑raiyati has become raiyati, some other provisions of the Act are also to be examined. Chapter IV of the Act contains the provisions for preparation of the record‑of‑rights with a view to assessment of compensation regarding interests of all rent receivers liable to be acquired and also already acquired under Chapter II of the Act. Chapter V provides for preparation of compensation assessment rolls after preparation and final publica tion of the record‑of‑rights under Chapter IV. Chapter V‑A of the Act makes special provisions for preparation of compensation assessment‑rolls, in respect of properties acquired under Chapter II, by a notification in the official Gazette instead of proceeding under section 17 of the Act. Subsection (2) of section 46‑A of the Act provides that in settling fair and equitable rents of all tenants except tenure‑holders immediately subordinate to rent receiving interests, principles laid down in sections 24, 25, 26 and 28 appearing in Chapter IV of the Act are to be followed. Section 24 of the Act provides how fair and equitable rent is to be determined with regard to the land held by a raiyat or by an under‑raiyat in preparing or revising a record‑of‑rights. Subsection (1) of section 24 of the Act is as follows :‑ "In preparing or revising a record‑of‑rights under this Chapter, the Revenue Officer shall, subject to the provisions of subsections (2), (3) and (4), presume the rent, payable in respect of any land held by a raiyat or under‑raiyat in the area to which such record relates at the time of preparation or revision of such record, to be fair and equitable." This provision to the effect that rent payable by a raiyat or ant under‑raiyat at the time of preparation or revision of the record of‑rights is to be presumed as fair and equitable, read with section 46‑A, indicates that an under‑raiyati holding would be in existence at the time of the preparation of the record‑of‑rights, which would be subsequent to the notification in April 1956.

14. Chapter IV of the East Bengal State Acquisition Rules, 1951 provides the particulars to be recorded in the record‑of rights prepared under section 17 of the Act. The relevant portion of Rule 18 of the East Bengal State Acquisition Rules, 1951 is as follows :‑ "Where an order is made under section 17 for the preparation or revision of a record‑of‑rights, the particulars, to be recorded shall include, either without or in addition to other particulars, some or all of the following, namely :‑‑ (a) the name, father's name and address of each tenant or occupant; (b) the classes to which each such tenant or occupant belongs, that is to say, whether he is a proprietor, tenure‑holder, raiyat holding at fixed rates, settled raiyat, occupancy‑raiyat, non -occupancy raiyat, under‑raiyat with or raiyat, or without a right of occupancy, or a non‑agricultural tenant, and if he is a tenure holder, whether he is a permanent tenure‑holder or not, and whether his rent is liable to be enhancement during the continuance of his tenure . . " Rule 48 (3) of the East Bengal State Acquisition Rules, 1951 provides that the Revenue Officer is to prepare the compensation, assessment roll on the basis of the record‑of‑rights finally published or deemed to have finally published under Chapter IV of the Act. Rule 61 speaks of assignment of touzi number under section 46 (1). Rule 61 runs as follows :‑ "After the final publication of the compensation assessment roll, the Collector shall assign a touzi number to all the lands under one Tahsil and inform the Revenue Officer accordingly. The Revenue Officer shall, thereafter, re‑arrange the kbatians under that touzi number by eliminating there from the entire chain of interests of rent‑receivers and showing therein only the tenants who will come directly under the Provincial Gov ernment." It will thus appear that the different classes of tenancies do not cease to exist with publication of the notification under section 3 of the Act. The entire chain of interests of rent receivers will be eliminated only after the publication of the compensation assessment‑roll.

15. Subsection (1) of section 81 of the Act provides that from the date on which Chapter XII comes into force there shall be only one class of tenants, namely, raiyats.

16. It is thus apparent that the different classes of tenancies have not ceased to exist with the notification under section 3 of the Act and that the under‑raiyati still subsists. A similar view has been taken in an unreported case (Civil Revision Cases Nos. 1129 and 1130 of 1960) of this Court decided on the 5th December, 1961. In that case also the question raised was whether the status of the tenancy covered by the kabalas under pre‑emption was one of occupancy raiyati right or of under raiyati rights. It has been held that as the relevant Chapter of the Act has not come into operation in the area concerned, the Bengal Tenancy Act with all its incidents rules the tenancy concerned. There is no dispute that the relevant Chapters IV, V, V‑A and X11 of the Act have not yet come into operation in the district of Mymensingh.

17. The learned Subordinate Judge in the exercise of his jurisdiction acted illegally in holding that the under‑raiyati become raiyati holding, and in allowing the application for pre‑emption under section 26‑F of the Bengal Tenancy Act.

18. In the result the rule is made absolute. The orders passed by the Courts below are set aside and the miscellaneous case for pre‑emption is dismissed. The petitioners will get costs throughout. S. B./A. H. Rule made absolute,