ISHAN CHANDRA NANDI Vs. GOUR MOHAN PODDAR

JUDGEMENT

(1.) This appeal arises out of a suit brought by the purchaser of a putni taluk under the Bengal Putni Taluk Regulation, 1819, for the recovery of khas possession of certain land within the putni from the appellants who are mirasdars.

(2.) The case for the appellant, is that, although they are holders of a miras tenure, they were raiyats before they obtained that tenure and, now that the tenure is avoided by the sale under the Regulation, are entitled to resume the status of raiyats.

(3.) It is, however, unnecessary for us to consider whether the raiyati rights of the appellants were affected by the creation of the miras tenure; for, even if the appellants are to be regarded as raiyats now, they are not protected from ejectment tinder Section 11 of the Regulation unless they are khudkasht (that is, resident) raiyats. This was expressly decided by this Court in Jogeshwar Mazumdar v. Abed Mahomed Sirkar 3 C.W.N. 13.