RAJENDRA NATH MUKERJEE Vs. HIRA LAL MUKERJEE

JUDGEMENT

(1.) The suit out of which this appeal arises relates to some resumed cliowkidari chakran lands situated in mouzah Sridharpur belonging to the Maharajah of Burdwan. This rnouzah was one of several let in patni, in which the plaintiff has a 2 annas share and the defendants Nos. 1 and 2, the remaining 14 annas.

(2.) The case of the plaintiff is that under the terms of the putni, the putnidars were entitled to the cliowkidari chakran lands as soon as they were transferred by Government to the zemindar and that the plaintiff offered to take settlement of his share in these lands, but that the offer was rejected without any adequate reason by the officers of the Maharajah and the lands were settled with his (the plaintiff s) co-sharers, defendants Nos. 1 and 2, who were entitled to a 14 annas share only. The suit is accordingly brought to recover a two annas- share of the cliowkidari chakran land.

(3.) The only ground of defence that we need notice in this appeal is this: The defendants say that the Maharajah was quite willing to settle the 2 annas share of the cliowkidari chakran lands with the plaintiff provided that the plaintiff paid his share of the assessment which the Mharajah as zemindar had to pay every year on the lands after they had been transferred to him, and it was only after the plaintiff had refused to take settlement on the terms proposed, that the Maharajah settled with defendants Nos. 1 and 2.