NABAKRISHNA MOOKERJEE Vs. COLLECTOR OF HOOGHLY AND ANOTHE

JUDGEMENT

(1.) In this case it appears that, about the year 1855, a dispute arose between Government and the zemindars, in the district of Burdwan, as to the duties of village chowkidars holding chakran lands, the Government insisting that they were liable to perform none but police duties, the zemindar (so it is stated) insisting that they were liable to perform none but zamindari duties (10 Moore, I.A., 45). The result of the litigation which ensued upon that dispute was that, in 1864, it was finally determined that the duties of these chowkidars were of a mixed character, partly police and partly zamindari. In May 1855, Government, acting on their own view of the matter, issued orders prohibiting the chowkidars from performing any other than police duties; and one of these orders was issued to Kani Bagdi, who, together with the Government, is now sued by the zemindar, for Rs. 50, for damages incurred by the zemindar in consequence of his having failed to perform his zamindari duties.

(2.) In October 1864, that is, as soon as the rights of the respective parties were finally determined, the prohibitory order of 1855 was withdrawn by the Government. This suit was brought in May 1865.

(3.) Five other suits were brought at the same time by the plaintiff in respect of the loss of services of other chowkidars. The Judge of the Zilla Court, who tried the suits, dismissed all of them, on the ground, as we understand his judgment, that the plaintiff had not proved any damages.