DUKHU MANDAL AND OTHERS Vs. RANI SHAMASUNDARI DEBI

JUDGEMENT

(1.) This was a suit to recover the value of certain crops alleged to have been cut and carried off by the orders or at the instigation of the Rani Shamasundari Debi, by her servants Baikantha Nath and Umacharan. It appears from the record that the Rani got a decree for khas possession of a share in the zamindari, and in consequence refused to recognize the ryots whom the farmers, Messrs. Jardine, Skinner and Co., who held under the other co-sharers of the estate, had settled upon the land, and these are the ryots whose crops are said to have been carried off.

(2.) The only point for consideration in this appeal is the personal liability of the Rani. Both lower Courts decreed in favour of the plaintiffs against both the Rani and her servants; the latter have not appealed, so that the fact of "cutting and carrying" being thereby admitted, the only question remaining is whether the Rani is liable for the acts of her servants.

(3.) It is contended, for the special appellant, that the Judge had no grounds whatever for holding that the Rani ordered the carrying off of the plaintiffs' crops, or even knew of the circumstance, and that there is no legal presumption against her.