CHATURBHUJ SINGH Vs. SARADA CHARAN GUHA

JUDGEMENT

(1.) These appeals arise out of two suits for the recovery of Lands in a mauza called Paijuna. Tauzi No. 691 of this mauza was divided into four pattis, a seven- anna patti which is referred to in the evidence as the patti of Raja Motichand of Benares or briefly the Benares patti, a patti of four annas bearing No. 1340 which later became No. 9032, another patti of four annas bearing No. 1341 which afterwards became 9033, and a one-anna patti bearing No. 1342 which afterwards became No. 9034. The Babus of a mauza called Hirdanbigha acquired the four- anna patti No. 1340 by two kobalas of 1884 and 1896; they were divided into two branches, the family of Ramchandra Prasad and the family of Bhagwat Prasad, each of which owned a moiety of this minor tauzi.

(2.) In 1877 the Babus had also acquired by purchase a two-thirds interest in the one-anna patti, tauzi No. 1342, each of the two branches taking a one-third share in the patti, and the remaining one-third being the property of the ancestor of one Nawalkishore. The interest of Ramchandra Prasad's family in tauzi Nos. 9032 and 9034--I propose in the rest of this judgment to use the modern tauzi numbers only--was sold in 1910 to one Bhabhichhan Singh in repayment of large sums of money advanced by him to the family. The interest owned in these two tauzis by Bhagwat Prasad's family, who also had contracted mortgage debts from Bhabhichhan and had a decree obtained against them by him in 1905, passed to Babu Sarada Charan Guha, the plaintiff under an English mortgage of 1905 which was foreclosed in 1911, the plaintiff obtaining delivery of possession through the court on the 4 of November, 1911. Khata No. 392, consisting of 15 plots with an area of 21.31 acres, formed part of the share of tauzi No. 9034 thus obtained by the plaintiff.

(3.) In 1919 a collectorate partition or set of partitions was begun at the instance of the plaintiff; this was concluded in 1922 and possession given to the respective cosharers under Section 94, Estates Partition Act, Bengal Act 5 of 1897, on 19th May, 1922. As a result of this, the plaintiff was left with only six plots, measuring 6.29 acres, out of the fifteen plots of khata No. 392 in tauzi No. 9034; but he also received four plots, measuring 4.44 acres in the same tauzi, out of khata No. 393, a khata consisting of 14 plots with an area of 23.46 acres, which had till then been in the share purchased by Bhabhichhan from Ramchandra's family.