BANSIDHAR NANDA Vs. SHYAMSUNDAR NATH SUTHU

JUDGEMENT

(1.) THE suits out of which these three appeals arise were instituted by the pltf. resp., who is the proprietor of Darpan Estate, a permanently settled estate in the Dist. of Cuttack, for recovery of mutation fees from the applts. who are transferees of ryoti holdings within the estate. The suits were instituted in the Ct. of the Rent Suit Officer in Rent suits Nos. 729 & 786 of 1941 & 1942 (out of which the S. A. Nos.. 108 & 138 of 1944 arise) and were tried with a batch of 68 suits. Rent Suit no. 415 of 1943 out of which the S. A. No. 142 of 1944 arises was tried along with a batch of 111 suits. All these suits were instituted by the proprietor resp. under Schedule 1 -B, Orissa Tenancy Act, for the recovery of mutation fees.

(2.) THE pltf's case is that the applts in S. A. 108 and S. A, 138 of 1944, who constitute one family and who are common in both the appeals, obtained by registered sale deeds, dated 5 -10 -1904 & 15 -9 -1922 respectively, certain occupancy holdings from the recorded ryots & that the applts. in S. A. 142/44, who purchased on 10 -9 -23 became liable under law & custom or usage to pay transfer fee at the rate of 25% of the consideration money. It is further alleged that the pltf. came to know of the transfers & recognized them on 19 -8 -41 by mutating the names of the applts in his records, & hence his claim to recover 25% of the consideration money as mutation fee, together with interest & costs of the suit. The defts. denied the alleged custom or usage entitling the pltf, to recover mutation fee at 25% of the consideration money, or at any other rate. They further averred that Killa Darpan being a permanently, settled estate, was expressly excluded from the operation of Schedule 1, Orisaa Tenancy Act (old) & the new Section 31 -B of the Act was not applicable to the case. The applts specific case was that the Ct. of Wards, while managing the estate of the pltf, used to recover at the rate of Re. 1 for each transfer irrespective of the consideration, & they are willing to pay at this rate.

(3.) THE learned Dist. J. who heard the appeals against the decrees Of the Rent Suit Officer, agreed with the reasoning & findings of the lower Ct & confirmed the decrees passed by the Rent Ct.