JAGATBANDHU DUTTA Vs. SHAYAM CHAND BHOLE

JUDGEMENT

(1.) This second appeal is by the plaintiff. The suit was for recovery of possession of 30 bighas 12 kathas 4 dhurs of raiyati land which was settled with him by Gangadhar Digwar landlord of the village. The plaintiff's case, as it appears from his pleadings and evidence, was that he was in search of some land and heard that one Kripasindhu (defendant 2) was anxious to dispose of his holding. As this could not be done under the tenancy law in force in Singhbhum it was arranged that Kripasindhu would surrender the land to the landlord and the landlord in turn settle it with the plaintiff. Consequently Kripasindhu surrendered his holding of 21 bighas 15 kathas to the landlord and the plaintiff got the settlement of 30 bighas of land on payment of Rs. 1,300, out of which Rs. 600 was paid to Kripasindhu as compensation for surrendering his holding.

(2.) Out of this 30 bighas odd 16 bighas 5 cottahs 12 dhurs is said to have been the bakasht of landlord and the remaining 14 bighas 6 cottahs 10 dhurs a part of the surrendered holding of 21 bighas odd. After taking the settlement the plaintiff cultivated the land himself then gave it to Khetra Mohan Giri on bhag. Defendant 1 prosecuted Khetra Mohan Giri for removal of the crop of the land with the result that Khetra Mohan Giri was convicted. Consequently the plaintiff instituted the present suit for recovery of possession of the land. Defendant 2, Kripasindhu did not enter appearance. He was however examined as a witness on behalf of defendant 1 who alone contested the suit. His defence was that the entire land, namely, 30 bighas 12 kathas 4 dhurs was the occupancy holding of Kripasindhu who having become old wanted to distribute his property among his relatives and old servants, defendant 1 being one of the latter.

(3.) As transfers could not be effected under the tenancy law of Chota Nagpur, it was arranged that Kripasindhu would surrender 21 bighaa odd of land out of his holding to the landlord and the landlord would settle it with defendant 1 on receipt of Rs. 100 as salami. It was in consequence of this arrangement that the deed of surrender which had already been executed was made over to the landlord Gangadhar Digwar. Gangadhar Digwar and his servant Khetra Mohan Giri did not stick to their terms and settled a portion of that land together with another 16 bighas odd of land of Kripasindhu which was not included in the surrender with defendant 1 in consequence of which both Gangadhar and Khetra Mohan Giri were prosecuted for cheating and were convicted. The surrender was repudiated by defendant 1 on the allegation that it was made on the understanding that the land would be settled with him.