RAJAH SHEO PERSHAD SINGH Vs. MUSSUMAT BILASMONI DASI

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court of Calcutta whereby the decree of the Subordinate Judge of Bhaugulpore was reversed, and the Respondent the Plaintiff in the suit was awarded possession of mouzah Bhalwana with mesne profits thereof from the 22nd of August, 1876, together with interest and costs.

(2.) MOUZAH Bhalwana is situate within and forms part of pergunnah Gedhour, the Respondent's ancestral zemindary. On the 21st of February, 1798, a pottah was granted by the government to Rajah Gopal Singh and Rajah Bharat Singh, therein described as zemindars of pergunnah Gedhour, in which it is stated that the annual consolidated jumma of the said pergunnah, inclusive of the ganjats, markets, bazars, all sayers and motahariffas, and also of rent-free lands held under sunnuds and without sunnuds, had together with the fee of kanoongoes, been fixed and assessed permanently at sicca Rs.1501 from 1205 Fusli. In the register of pergunnah Gedhour for the year 1205 Fusli, the gross proceeds of mouzah Bhalwana are entered as Rs.6.3a. 10p., and the sudder jnmma as Rs.4. la. 5p., and it is not disputed that at that time it was almost wholly in jungle and unprofitable. It appears from the thakbust map which was prepared in 1846 that the entire area of the mouzah is 7500 bighas, of which 3000 were then under cultivation.

(3.) ROGHUNATH Singh executed a corresponding kubalyut bearing the same date.