LACHMI NARAIN MARWARI Vs. SUKHRAJ RAI

JUDGEMENT

(1.) This appeal arises out of a suit under Section 106 of the Bengal Tenancy Act. The lands in dispute were recorded as milik and belagan lands of the defendant No. 1 in the record-of- rights, and plaintiff sued for a declaration that the lands were not milik but mal lands and liable to assessment of rent and for the correction of the record-of-rights accordingly.

(2.) The plaintiff alleged that defendant No. 2 had been midata (measurer of lands) and held the lands in lieu of his services and that defendant No. 2 had sold the lands which were not transferable (being a service-tenure) to defendant No. 1.

(3.) The defence was that the lands had been granted as agir to the ancestor of the defendant No. 2 by one Mr. Grant, the mustajir of the mouza, in which the lands were situated, that they were held rent-free by the defendant No. 2 and his ancestors and that they were purchased by the defendant No. 1 from defendant No. 2.