STATE OF WEST BENGAL Vs. BIRENDRA NATH BASUNIA

JUDGEMENT

(1.) The ground on which Sinha J. made the order appealed from in this case makes one examine the foundations and the extent of the rule that no one can be allowed to take the law into his own hands.

(2.) The facts are as follows: The area of land known as the Western Duars and now included in the Jalpaiguri District belonged originally to Bhutan, but was ceded by that country to the British Crown in 1865. At the time of its cession, the area was mostly a tract of forest land and only a small part of tt was under cultivation. The Jotes in respect of the cultivated area which were existing at the time came to be described as 'old mal jotes' and to them the Bengal Tenancy Act was made applicable to a limited extent. In course of time, further lands came to be settled and when leases of such lands were granted under the Waste Lands Rules of 1875, they were granted in the same form as teases of the old mal jotes. Leases of old mal jotes were renewable in a form which is now set out as Form F in the Bengal Waste Lands Manual, 1936. As the terms and conditions of the new leases granted under the Rules of 1375 were the same, Form F waa adopted for their renewal as well which created the misleading impression that they too were old mal jotes. Leases granted under later rules were made renewable in other forms and are therefore distinguishable; but because the same renewal form was used for old mal jotes and jotes created under the Rules of 1875, the distinction between them disappeared.

(3.) The respondents are the sons and heirs of one Mahendra Nath Basunia who obtained a lease of a jote situated in the Western Duars at some date in the past. It was what is now Jote No. 475, appertaining to Khatian No. 77 of Mouza Purba Baragila, Police Station Nainaguri, District Jalpaiguri and comprised an area of 112.56 acres. The lease was renewed from time to time and the last renewal took place on 1/4/1935 when it was renewed for a period of 20 years ending on 31/3/1955. The renewal was in Form F which contains in Clause 15 the following condition: