JAGANNATH KISHORE LAL SINGH DEO Vs. BIPAN MAHATO

JUDGEMENT

(1.) This is an appeal by the plaintiff from a decision of the learned District Judge of Manbhum, dated 30 March 1937, confirming a decision of the learned subordinate Judge at Purulia, dated 29 February 1936. The suit was for declaration of the plaintiff's right of assessment of rent in respect of certain lands. There was an alternative prayer for recovery of khas possession, but that was abandoned even before the Court of first instance.

(2.) The only point for determination in the case was whether the defendants were entitled to hold the lands rent free in perpetuity. The subject-matter of the suit consisted of four tanks and the lands adjacent to them, the total area involved being 103.16 acres, equivalent to 312 bighas odd. The tanks in question are known as Burabandh, Baburambandh, Banbandh and Sitarambandh. In regard to two of these, viz., Baburambandh and Burabandh, the defendants were able to produce sanads, Exs. A and Al, dated 1211 and 1221 Fasli, respectively, that is to say 1804 and 1814, A.D. In the case of the other two there were no pattas available, and the defendants relied on the theory of lost grant.

(3.) There were disputes between the parties at the time of the survey and settlement, the plaintiff as landlord claiming that the lands should be recorded as liable to rent (kabil lagan) and the defendants claiming that these were jalsasan lands and rent-free (niskar). On this point there was a decision of the Attestation Officer after contest. This decision, Ex. A, is dated 28 January 1921, and in it the Attestation Officer held that all the lands which form the subject-matter of this suit were held by the defendants in jalsasan right. When however the record of rights was finally published on ll April, 1922, three of the bandhs and the lands appertaining to them were recorded as jalsasan and the fourth, Baburambandh, was recorded as jamai. This entry of jamai seems to have been a clerical error as Baburambandh was one of those for which the defendants held a patta showing their right as jalsasan, and the Attestation Officer had come to the same conclusion with regard to all four bandhs.