KALI RANJAN CHOWDHURY Vs. RAJESWAR ROY CHOWDHURY

JUDGEMENT

(1.) This appeal arises out of a suit for rent. The lands in respect of which the rent was claimed were accretions to a howla tenure held by the defendants under the plaintiff. The accreted lands were constituted a separate estate by the deara authorities, and also recorded as separate tenures of the defendants in the settlement khewats.

(2.) The defence inter alia was that no suit for rent was maintainable in respect of the accreted lands separately from that of the howla tenure. The Court of appeal below has held that it can be maintained and the defendants have appealed to this Court.

(3.) The appellants relied upon the cases of Golam Ali V/s. Kali Krishna Thakur (1881) 7 Cal. 479, and Assanullah Bahadur V/s. Mohini Mohan Das (1889) 26 Cal. 739. But in the first case all that was held was that the accreted land should be governed by the terms and the conditions applicable to the parent tenure, and that the same rent was payable for it as the land included in the kabuliat. The Government had not assessed the revenue of the accreted land in that case, and there was no question whether the accreted lands formed a separate tenure. In the second case however the question was raised and it was held that the rent of the additional lands cannot be recovered separately from the original part of the tenure.