SARADA CHARAN MAITI Vs. NONI LALL KOWER

JUDGEMENT

(1.) This is a Letters Patent Appeal preferred by Defendants from a judgment and decree of a single Judge of this Court affirming a decree of the lower appellate court which was made in favour of the Plaintiffs.

(2.) To appreciate the point at issue it will be necessary shortly to set out the facts which gave rise to the litigation. One Dilwar Hossain, Plaintiff No. 2, held certain land directly under Government as an occupancy raiyat at a rental of Rs. 54-3-0, the area of land being 9-4 acres. Dilwar Hossain also held another jama, under Fakir Chand Hazra and others as an occupancy raiyat paying a rental of Rs. 17 for an area of 1 92 acres. Fakir Chand Hazra and others were tenure-holders under Government holding the tenure free of rent.

(3.) On March 2, 193.1, Defendant No. 1 Sarada and one Akhil deceased, father of Defendants Nos. 2 to 5 and the husband of Defendant No. 6, executed a kabuliyat in favour of Dilwar Hossain in respect of half the land of both the interests held by Dilwar Hossain. In the kabuliyat it was stated that the rent payable by the tenants executing the kabuliyat was Rs. 57-1-6. On the same date another kabuliyat was executed by one Sagar deceased, father of Defendants Nos. 7 to 10 and husband of Defendant No. 11 and one Adhar the deceased father of Defendants Nos. 12 to 14 and husband of Defendant No. 15 and Ashu, Defendant No. 16 and Purna, Defendant No. 17, in favour of the Plaintiff Dilwar Hossain. This kabuliyat related to the other half of the land held by Dilwar Hossain, mentioned earlier. The executants of the kabuliyat also agreed to pay Rs. 57-1-6 rent for this tenancy. It will be seen, therefore, that the two interests of Dilwar Hossain were as it were combined by him and split into two and each half let separately. It is to be observed, however, that each half contained land covered by the two tenancies of Dilwar Hossain.