ROY HARI KRISHNA SING Vs. MUSSAMAT LAKHU KOWAR

JUDGEMENT

(1.) This is a suit to set aside a mokurrari patta granted to the husband of the defendant by the then proprietress of the estate, Mussamut Tahimunnissa, on the ground that the lease conveyed only a life-interest to the grantee Taiknarayan. The plaintiff is the purchaser of Mussamut Tahimunnissa's rights in the estate. The Sudder Ameen, Moulvie Wahadudin, held that the patta gave an hereditary right to hold at a fixed rate of rent, and dismissed the plaintiff's suit; but the Additional Judge on appeal considered that there being no proof of intention, the absence of any direct words conveying hereditary right was fatal to the defendant's claim. He relied upon a decision of the Sudder Dewanny Adawlut in the case of Musst. Ameerunissa Begum v. Maharaja Hitnarayan Singh S.D.A. (1853) 648, and gave plaintiff a decree for possession.

(2.) The only point for consideration in special appeal is the construction of the defendant's patta. It is contended on her behalf that the Additional Judge has misconstrued it, and that there was evidence of the grantor's intention to give the lease in perpetuity, which the lower appellate Court misunderstood.

(3.) The last portion of this objection may, I think, be put aside from our consideration, as it is quite clear from the receipt which was read to us, that the rent received by the plaintiff from the son of the original grantee was for a period when the father was alive; so that no inference can be drawn from the circumstance favourable to the special appellant.