HOOGHLY TRUST LTD Vs. SHAIKH ISMAIL

JUDGEMENT

(1.) These two appeals arise out of two suits brought by the Plaintiff Appellant for assessment of fair rent on declaration of title. This was resisted by the Defendants claiming. that the suit lands were niskar. Both the courts below have found in favour of the Defendant and dismissed the Plaintiff's suits.

(2.) The Plaintiff has got eight annas patni and eight anna darpatni right over the disputed lands from the Hooghly Bank Ltd. The latter had purchased the disputed properties from one Nilima Mukherjee who had obtained the suit lands in an astam sale. The patni was held under the Maharaja of (sic) who had brought the tenure to sale under the astam proceeding on November 17, 1941. The particular holdings had been originally recorded during the cadastral survey operations a being liable to assessment of rent. The Plaintiff based (sic) claim on the entries so made originally in the cadastral survey records.

(3.) The defence was of a two-fold nature. It is contended that during the cadastral survey operations, proceedings were started by the tenants Defendants under Section 106 of the Benga Tenancy Act, for correction of the entries already made recording that the landlords were entitled to have the rent assessed The proceedings under Section 105 and 106 of the Bengal Tenancy Act culminated in orders passed by the revenue authorities on May 13, 1939, declaring the disputed lands to be niskar ones. The Defendants claim that the decisions so made by the revenue authorities are binding on the present Plaintiff; in any case, the lands are really niskar ones.