MAHESHWAR BHUMIJ Vs. BABI SARDARIN

JUDGEMENT

(1.) This second appeal by the defendants, from the concurring decision of the learned Subordinate Judge, Purulia, affirming the decision of the learned Additional Munsif of Purulia, decreeing the plaintiffs' suit for declaration of their title to 1/10th share in the land of khata No. 28 of village Gordih and for recovery of possession and partition, has been referred to a Division Bench by B.P. Jamuar, J.

(2.) This appeal involves the interpretation of the words "Tabedar'' and "Sthitiban", and. the determination of the rights and incidents of a "Tabedari Sthitiban" holding.

(3.) During the survey settlement proceedings, the land in suit --khala No. 28 -- was recorded in the khewat (ext. 4) in the name of Kalicharan son of Dubraj Singh as "Sthitiban" holding on a quit rent of Rs. 2/5 with cess. It is further recorded therein that the tenant of this khata does the work of "tabedar" and so long as he will be in service, he shall pay the present attested rent; but should he give up the work voluntarily, he shall be bound to pay the fixed rent, that is Rs. 37/6/--, which was fixed as the rent of the holding with effect from the year 1321 B.S., from the same year. It was also recorded that should the Deputy Commissioner dismiss him, he shall be bound to pay the said fixed rent from the following year. This record was made on the 3rd October, 1913 by the Assistant Settlement Officer in the khewat under khewat No. 5, in respect of village Gordih, thana No. 294.