was to be paid to the Zamindar within the month of Chaitra.
VI of 1870 , hereinafter referred to as the Act, was passed, and s. 48 of that Act provides that all Chaukidari Chakaran lands assigned for the benefit of any village shall be transferred to the zamindar of the estate in the manner and subject to the provisions companytained in the Act.
247/16 of 1948 against judgment and decree dated September 25, 1948, of the Court of Additional Sub Judge, 1st Court, Burdwan, in Title Suit No.
Under s. 50, the Collector is authorized to make an order transferring those lands to the Zamindar after determining the assessment payable thereon, and s. 51 enacts that Such order shall operate to transfer to such zamindar the land therein mentioned subject to the amount of assessment therein mentioned, and subject 1312 to all companytracts theretofore made, in respect of, under, or by virtue of, which any person other than the zamindar may have any right to any land, portion of his estate, or tenure, in the place in which such land may be situate.
Acting under this clause, the Maharaja applied under s. 8 of the Regulation to bring the suit lands to sale for realisation of arrears, and at the auction held on May 15, 1937, himself became the purchaser.
The Chaukidari Chakaran lands situated within that village were resumed under the Act and transferred to the Zamindar who granted them in 1899 to one Syamlal Chatterjee in Patni on terms similar to those in Exhibit B. In 1914 the Patni lot Kooly was sold under the Regulation, and purchased by Sint.
The defendants preferred an appeal against this judgment to the District Court of Burdwan, and there raised a new companytention that under the grant, Exhibit B, the suit lands became part of lot Ahiyapur, and that a sale of those lands was 1313 illegal as being a sale of a portion of the Patni.
who differed from the District Judge both on the companystruction of Exhibit B and on the bar of limitation based on s. 14 of the Regulation.
Under the grant which has been marked as exhibit B, the yearly rental for the area was fixed at Rs.
Appeal from the judgment and decree dated March 21, 1952, of the Calcutta High Court in Appeal from Appellate Decree No.
126 8 as.,
In 1870, the Village Chaukidari Act, 1870 Ben.
In accordance with the provisions aforesaid, the suit properties were transferred to the Maharaja of Burdwan, and on June 3,1899, he granted the same to the predecessors in title of defendants I to 7, who at that time held the Patni interest in respect of lot Ahiyapur.
On February 13, 1941, he granted the lands again on Patni to the appellant, who filed the suit, out of which the present appeal arises, in the Court of the Subordinate Judge, Burdwan, to recover possession thereof from the defendants alleging that they had trespassed thereon.
84 4 as.,
The Mahal with which this litigation is companycerned, had been at or prior to the permanent settlement set apart as Chaukidari Chakaran lands that is to say, they were to be held by the Chaukidars for rendering service in the village as watchmen.
971 of 1950, arising out of the judgment and decree dated August 29, 1950, of the Court of District Judge of Zillah Burdwan in Title Appeal No.
7 of 1946/27 of 1947.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
42 4 as.,
The respondents took the matter in second appeal to the High Court, and that was heard by a Bench companysisting of Das Gupta and Lahiri JJ.
The respondents companytested the suit on the ground that, in fact, there were numberarrears of rent due under Exhibit B, and that the sale was therefore void.
108 of 1954.
N. Banerjee and P. K. Ghose, for the respondents.
The exact date of this grant does number appear, but it is stated that it was sometime prior to the enactment of the Bengal Patni Taluks Regulation, 1819 Bengal Regulation VIII of 1819 , hereinafter referred to as the Regulation, and numberhing turns on it.
out of which Rs.
September 18.
The Judgment of the Court was delivered by VENKATARAMA AIYAR J. This is an appeal by the plaintiff against the judgment of the High Court of Calcutta in a second appeal which, in reversal of the judgments of the Courts below dismissed his suit, which was one in ejectment.
It is against this judgment that the present appeal has been brought on a certificate granted by the High Court under Art.
1311 C. Chatterjee and Sukumar Ghose, for the appellant.
This village was granted by the Maharaja of Burdwan in Patni settlement to the predecessors in title of defendants I to 7.
The Subordinate Judge held that there were arrears of rent due from the respondents, and that further as they had number sued to set aside the sale under s. 14 of the Regulation within the time limited by law, they companyld number set up its invalidity as a defence to the action in ejectment.
The suit property is a Mahal of the extent of 84 Bighas 18 Cottas situated within lot Ahiyapur village, which is one of the villages forming part of the permanently settled estate of Burdwan Zamindari.
In Kanchan Barani Debi v. Umesh Chandra 1 , the facts were that the Maharaja of Burdwan had created a Patni of lot Kooly in 1820.
had to be paid to the Panchayat within the 7th of Baisakh for being credited to the Chaukidari Fund and the balance of Rs.
