SYED ABDUL LATIF MEAH Vs. AMANADDI PATWARI

JUDGEMENT

(1.) The plaintiff-respondent sued the tenant-defendant for recovery of arrears of rent in respect of a jama held by him under a patni which the plaintiff held under some of the proprietors of taluk Kalika Prosad Mozumdar.

(2.) The plaintiff alleged that the taluk was privately partitioned long ago into three shares, one of them being called Jagat Chandra Mozumdar, and that he obtained a patni in respect of one half of a village included within mudafat Jagat Chandra Mozumdar from one Mahomed Gazi, and 1/6th share from two other proprietors, and was in possession of the entire land, of which the rent was sued for as included in the 3/2rds share of the village taken by him in patni.

(3.) The defence was that there was no regular partition among the proprietors; but that there was a subsequent Collectorate Butwara, under which the lands, for which the rent was claimed, were allotted to Latif Meah and others, some of the heirs of Mahomed Gazi, who were entitled to the rent for the period subsequent to the Butwara.