AIMANADDI PATARI Vs. NABIN CHANDRA GOPE

JUDGEMENT

(1.) These two appeals are preferred by the plaintiff in suits for rent filed by her against the defendant based on two qabuliats executed by him in her favour on 3rd Bhadra 1299 (1892). Under these qabuliats the defendant agreed to become tenant of the plaintiff as darpatnidar and nimhowladar respectively of the lands in Kismat Daychora held by the plaintiff under the maliks of mudafat Keval Ram. The contentions of the defendant were:

(2.) The Courts below have agreed in dismissing the plaintiff s suits and the plaintiff has appealed.

(3.) The facts which are undisputed are as follows: The parent estate Taluk Kalika Prosad had been for very many years past held by the co-sharers in separate portions. Whether there was any regular partition or whether it was a mere matter of arrangement does not appear. The Taluk Kalika Prosad was thus divided into three equal shares, mudafat Kali Kanta, mudafat Jagat Chandra and mudafat Keval Ram. We are only concerned with the last named mudfat Keval Ram, in which the co-sharers were Kalitara Chowdhurani one half, Kailash Chandra one-third and Brojo Lal one-sixth. From these co-sharers the plaintiff or her predecessors-in-title obtained leases of their respective shares. The leases under which the plaintiff holds are a howla potta dated 12th Falgoon 1281 (1875) of Brojo Lal s one-sixth, a howla, potta dated 18th Baisakh 1284 (1877) of Kailash s one-third, and a putni talukdari potta dated 25th Pous 1285 (1879) of Kalitara Chowdhurani s one-half. Thus plaintiff has putni rights as regards one-half and howla rights as regards the other. Under her the defendant became darptanidar and nimhowladar by the qabuliats above mentioned in respect of the lands comprised in them and now the subject of these suits.