ARUN CHANDRA SINGH Vs. KAMINI KUMAR

JUDGEMENT

(1.) The sole question involved in this appeal, which is from a judgment and decree of the High Court of Bengal, relates to the title to certain lands that had been washed away some years ago by the river Siddhi in the Noakhali district and have since reformed in consequence of a change in the course of the stream.

(2.) The plaintiffs, appellants, are the owners of a Zamindari called Pergunnah Bhulua, situated in that district. Within this Zamindari lies a palni tenure called Talu Ram Saran Pal, created so long ago as 1837 by one of the predecessors in title of the present zemindars. The Taluk is now owned by the first and second defendant, respondents in this appeal. The remaining numerous defendants are ryots placed on the land, by the patnidars, since its reformation.

(3.) The Dowl Kabuliat executed by the patnidar in respect of the tenure shows that it comprises parts of two kistnats or subdivisions of villages named respectively Kismat Paniartek and Kismat Algi; and the area included in the Taluk was evidently given approximately, for the lease contains the following covenant If the laud be found to be more on measurement by Nal prevalent according to the of the pergunnah, I shall separately pay the rent 1913 thereof at this rate; if it be found to be less, I shall get remission there for.