DULHIN LACHANBATI KUMAR Vs. BODHNATH TIWARI

JUDGEMENT

(1.) THIS is an appeal against a decree of the High Court of Judicature at Patna, dated June 27,1916, affirming a decree of the Subordinate Judge of Bhagalpur dated August 20,1912.

(2.) THE purpose of the suit was for a declaration of the plaintiffs' title to a painti taluk called Israin Kalan, in the District of Bhagalpur, and for khas possession of certain lands which are in the hands of the defendants. The defendants resist this claim on the ground that they are the holders of a mukarrari lease of a consider able portion of the potni called Jadua potts. 2. There were many issue in the case, each party attacking the title of the other. Inter alia, a strongly contested issue was whether the mukarrari lease set up by the defendants was genuine. After a very full trial there is a concurrent finding by both Courts that it was,

(3.) REDUCED to the simplest element, and confined to those which bear upon the issues so determined, the feats may be stated thus: One Mathora Nath Ghosh was proprietor of the Manza holding under Lakhiraj title prior to l846, On June 14 of that year, he granted a muharrari lease respecting Jadua paiti in favour of Dhir Nath Tiwari and Loke Nath Tiwari, the predecessors of the Tiwaii defendant*, at a rental of Rs, 66-11-3. There can be no doubt that this was an agricultural lease binding the lesses "to cultivate the said land to your satisfaction." Under this agricultural lease the lessees would, according to practice, either farm the lands them-selves, or let them to other cultivator, drawing rents therefore. During their possession the value of the lands thus let in mukarrari appears to have greatly risen.