MUHAMMAD HABIBUDDIN Vs. MUHAMMAD WAEZUL HAQ

JUDGEMENT

(1.) This appeal arises out of a suit to recover rent for the years 1333 1336 of holding No. 585 in mauza Fatehjungpur. This village owing to the changes in the course of the river is now situated partly on the southern side and partly on the northern side of the river Ganges. The holding in suit is situated entirely on the southern side of the river and the suit was instituted in the Court of the Munsif of Patna having jurisdiction over the Patna City thana in which is included police station Malsalami. The defendant took objection among other points to the jurisdiction of the Court alleging that the whole mauza belonged to thana Hajipur of Muzaffarpur District. The Munsif decreed the suit and his decision was affirmed with some modification by the Subordinate Judge.

(2.) In second appeal the defendant who has argued the case himself with some persistence challenges the finding as to jurisdiction and objects to the procedure of the Courts below in excluding from evidence a number of documents produced by him. I have admitted some of these which are public documents not requiring oral evidence to prove them in second appeal. They are directed to show that for revenue purposes this tauzi No. 11834 appertains to the Muzaffarpur collectorate. The plaintiff was permitted to put in reply his copy of the Khewat Ex. 3 and Khatian Ex. 2 referring to the disputed land. Ex. B is a chalan showing payment of a kist of revenue in the year 1911 in Muzaffarpur. Ex. D is a parwana directing the zamindars of Fatehjungpur to pay revenue in future in Tirhoot. The parwana is signed by a moharrir, is in Urdu and is dated 1869, I see no reason to doubt that it is genuine.

(3.) It refers to certain letters and notifications of the Bengal Government which however have not been produced. Khewats Exs. F and F-1 give reference to thana Patna City Malsalami and the survey map Ex. G shows the land as being in Sabalpurtola Fatehjungpur, P.S. Malsalami, thana Patna City. Plaintiff's Ex. 1 is the entry in register D from the Muzaffarpur collectorate and refers to Fatehjungpur Pargana Haveli Azimabad Thana Hajipur in its heading, but in the column for addresses of the proprietors (Col. 8) several such addresses are entered as being Fatehjungpurdih Pargana Haveli Azimabad, Thanas Malsalami, District Patna.