BIR BIKRAM KISHORE MANIKYA BAHADUR Vs. ALI AHMAD

JUDGEMENT

(1.) These are consolidated appeals from a judgment and 47 decrees, dated 7 August 1923, of the High Court of Judicature at Fort William in Bengal, affirming decrees of the Special Judge of Noakhali, dated 17th September 1919, which, in their turn, affirmed the decrees dated 6 October 1917, of the Assistant Settlement Officer of Noakhali.

(2.) The zamindari with which these appeals are concerned is known as the four annas share of Fergana Dandra. In 1792 the zamindar of the four annas share was one Mahammud Ali, and by an order dated 7th December of that year he was imprisoned for life as a rebel and his zamindari was confiscated by the Government in February 1793. It has been suggested before this Board that there was in reality no confiscation, but in the view that their Lordships take of this case the question is immaterial.

(3.) The zamindari consisted of 45 taluks belonging to different talukdars and one nij taluk of the zamindar which was split up into 35 tuppahs and certain other lands. It is not disputed that the taluks and tuppahs existed before the Permanent Settlement. The Collector of Tipperah made dowl settlements with the talukdars, but neglected to regard the extent of the land nor were the boundaries ascertained. Their Lordships set forth below a specimen form of such dowl : " Dowl settlement of rent in money (in respect of) Taluk Mahomed Reza (?) in the possession of Faizullab, appertaining to four annas hissya of Pargana Dara Mahommed Ali Chowdhury, Sarkar, Souargaon, Mahal Khalisa, etc., -illa Rosana (torn), Tipperah, year 1199.