NARAPAT SINGH Vs. RAJA BHUPENDRA NARAYAN SINGH

JUDGEMENT

(1.) These appeals are preferred by the plaintiff against decisions of the District Judge of Birbhum affirming decision of the First Munsif at Rampurhat.

(2.) The suits were brought to recover khas possession of certain resumed chaukidari chakran lands together with mesne profits. The plaintiff claimed these lands as included in the putni taluk granted to his predecessors in interest by the first defendant, who is the Zemindar, by a putni patta of the year 1833, the Bengali date being the 29 Kartik 1260. It is not disputed that the lands in question were included in the putni patti but it is said that these lands were not taken into account in settling the rent payable under the patta and that consequently the Zamindar, the respondent, is entitled to a share of the rent derived from settling the resumed lands with tenants. No dispute arises with regard to the payment of the Government revenue which has been assessed on the resumed lands and which, under the terms of the putni, patta, is payable by the appellant. It is conceded that, from the time of the creation of the putni until the lands were resumed, the chowkidars rendered private personal service to the putnidar and not to the Zemindar.

(3.) The First Court declared the appellant's title to the lands in suit and decreed khas possession on condition that the appellant paid to the Zemindar in respect of the resumed lands an additional rent to that named in the putni patta. The appellant was awarded means profits. The District-Judge affirmed this decision and remanded the cases to the First Court (1) for determination of the conditions and terms under which the patnidar was to hold the lands under the Zemindar, 47 Ind. Cas. 840 for the ascertainment of mesne profits.