RAJA BEJOY SINGH DUDHURIA Vs. HEM CHANDRA CHOWDHURY

JUDGEMENT

(1.) This is an appeal by the plaintiff in a suit for recovery of money. The plaintiff is the proprietor of two taluks which be holds under the Government; the defendant holds a putni taluk under him created on the 2(sic)th May 1888.

(2.) It appears that proceedings were taken by the Local Government under Chapter X of the Bengal Tenancy Act, and an assessment was made of the cost of the Cadastral Survey and Settlement in accordance with Section 114. The case for the plaintiff is that he was sailed upon by the Government to pay Rs. 988-7 annas as his proportionate share of the cost. The sum was paid in two instalments, on the 8th August 1916 and 4th October 1916. The present suit was instituted on the 7th January 1918, on the allegation that under the terms of the putni contract the sum paid by the plaintiff to the Government was recoverable by him from the defendant.

(3.) The defendant denied liability and stated that he himself had paid to Government Rs. 1,442 as his proportionate share of the cost of the Survey and Settlement. It may be stated at the outset that the circumstances that the defendant has paid to Government what was assessed as his proportionate share of the cost of Survey and Settlement does not absolve him from his liability, if any, under the terms of the putni contract: and, the question for decision is, whether under the terms of that contract the sum paid by the plaintiff is recoverable by him from the defendant.