MAFIZUDDIN Vs. MANINDRA KR. LAHIRI AND ANR.

JUDGEMENT

(1.) THIS is an appeal directed against an order of the Deputy Commissioner, Nowgong, dated 31 -12 -1949, by which he set aside an order of the S.D.C. and ordered that the pattas for the 17 bighas in Dag No. 243, and 6 bighas 4 kathas and 6 lessas in Dag No. 261, be entered in the name of Manindra Kumar Lahiri, and Kedar Nath Lahiri and that the entry made by the S.D.C. in the mutation register in favour of one Mafiz be cancelled.

(2.) IT is not disputed by Mr. Medhi for the appellant that the annual patta was granted to Manindra Kumar Lahiri and Kedarnath Lahiri only. Apparently the allegation of Mafiz was that these 2 men had obtained the annual patta not for themselves but on behalf of the partnership consisting of himself and the ostensible grantees. The S.D.C. took evidence in support of this allegation and entered the name of Mafiz also in the mutation register.

(3.) THE learned Deputy Commissioner was quite right in setting aside the order of the S.D.C. An annual patta is a lease for one year which confers no right of transfer or inheritance. The lessees alone are entitled to have their names entered in the mutation register. Any person claiming a beneficial interest in the lease is not entitled be have his name mubabed in the mutation register.