LAWS(PVC)-1920-2-71

RAJA PROMOTHA BHUSAN DEB ROY BAHADUR Vs. NARENDRA BHUSAN ROY AND ON HIS DEATH HIS HEIRS AND LEGAL REPRESENTATIVES KHAGENDRA BHUSAN ROY

Decided On February 06, 1920
RAJA PROMOTHA BHUSAN DEB ROY BAHADUR Appellant
V/S
NARENDRA BHUSAN ROY AND ON HIS DEATH HIS HEIRS AND LEGAL REPRESENTATIVES KHAGENDRA BHUSAN ROY Respondents

JUDGEMENT

(1.) This appeal arises out of a suit for rent of a dar mourashi tenure, the rent being claimed at Rs. 238 annas 12 a year.

(2.) The main defense was that there was dispossession of a portion of the tenancy and that, therefore, there should be a suspension of the rent.

(3.) It appears that a dar mourashi lease was executed by the plaintiff s father in favour of the father of the defendant No. 1 on the 15th Jane 1865. The lease comprised six properties, one of them being a jama, of Rs. 16 and described as Hat Salika appertaining to Gjurmani s jama. The plaintiff s father was the putnidar of Lot Harishpur within which Hat Salika was included. On the same day, 15th June 1865, the plaintiff s father gave a dar-paint lease in respect of Harishpur to the father of the defendant No. 1. This darpatni right, however, was re-conveyed to the plaintiff on the 9th August 1905. On the 7th April 1909, the darmaurashi interest was conveyed by the defendant No. 1 to the defendants Nos. 2 and 3.