TURNER MORRISON AND COMPANY, LTD Vs. MONMOHAN CHOWDHURY

JUDGEMENT

(1.) The question in dispute in this appeal is as to the right of the respondent to eject the appellants from certain plots of land in Mauza Gosaildanga, a village on the outskirts of Chittagong. The plots are shown by their survey numbers on a plan which was proved in the case. They form part of a revenue paying estate known as Taraf Asad Mosad Khan. The taraf was sold on 19 May 1913, for arrears of revenue, and was purchased by the executor of one Aparna Charan Chowdhury, the father of the respondent, in whom the title to the estate now is. An issue was raised at the trial of the suit as to the bona fides of the sale, but both Courts in India have found this issue in the respondent's favour, and their Lordships see no reason to question the correctness of their finding on this point.

(2.) The plots were purchased in 1904 by the firm of Turner Morrison and Co., who transferred them in 1914 to the limited company of the same name, who are the appellants before the Board. They were used for manufacturing purposes, and were, in part, occupied by offices and godowns. On one plot there was a tank. Some of the plots had previously been held by raiyats, and were so recorded in the Record of Rights, which was prepared in 1898. The appellants and before them, the firm, were the tenants, not of the respondent, but of a subordinate talukdar, to whom they paid a small rent, all the plots being included in the taluk, which was known as Taluk Ram Mohan. The existence of this taluk as a subordinate tenure of the taraf was disputed by the respondent, but it appeared in the Record of Rights, and both Courts in India have affirmed its existence, and the fact that the appellants hold under it.

(3.) The suit was instituted by the respondent on 16 April 1923, nearly 10 years after the sale of the estate. He based his claim to eject the appellants, who were the only defendants to the suit, upon the provisions of S. 37, Bengal Land Revenue Sales Act, 11 of 1859. The section is in the following terms ; "Rights of a Purchaser of a Permanently-Settled Estate sold for its own Arrears.-The purchase of an entire estate in the permanently-settled districts of Bengal, Bihar and Orissa, sold under this Act for the recovery of arrears due on account of the same, shall acquire the estate free from all encumbrances which may have been imposed upon it after the time of settlement, and shall be entitled to avoid and annul ail under-tenures, and forthwith to eject all under-tenants with the following exceptions : firstly.-Istimrari and mukarrari tenures which have been held at a fixed rent from the time of the Permanent Settlement. Secondly -Tenures existing at the time of settlement, which have not been held at a fixed rent ; provided always that the rents for such tenures shall be liable to enhancement under any law for the time being in force for the enhancement of the rent of such tenures. Thirdly.-Taluqdari and other similar tenures created since the time of settlement and held immediately of the proprietors of estates, and farms for terms of years so hold when such tenures and farms have been duly registered under the provisions of this Act. Fourthly.-Lawns of lands whereon dwelling houses, manufactories or other permanent buildings have been erected, or whereon gardens, plantations, wells, tanks, canals, places of worship, or burning or burying grounds have been made, or wherein mines have been sunk.