JAGANNATH MAHADANI Vs. UDHAB CHANDRA SINHA

JUDGEMENT

(1.) This is an appeal from a decision of a District Judge of Manbhum Sambalpur reversing a decision of the Additional Munsif of Purulia. The land in suit is layali chakran land in village Tahadirri.

(2.) The plaintiffs are transferees from the mukarraridars of the village. In the record-of-rights the land has been recorded as being held by defendant 1 and his brothers under defendant 2, the zamindar of Jhalda. The plaintiffs sued defendants 1 and 2 for what is in effect a declaration that the entry in the record-of-rights is incorrect in so far as the disputed land is recorded as being held by defendant 1 under defendant 2. The brothers of defendant 1 were impleaded in the suit on 16 January 1929, more than six years after the final publication of the record-of- rights. The trial Court on a consideration of the terms of the original mukarrari granted by the zamindar of Jhalda to the transferor of the plaintiffs, and of the other evidence in the case, came to the conclusion that the entry in the record-of- rights was incorrect and accordingly decreed the suit against defendants 1 and 2. The defendants appealed to the learned District Judge who has reversed the decision of the trial Court.

(3.) The learned District Judge held that there was no evidence in the case to rebut the presumption of the correctness of the record-of-rights, but, in coming to this conclusion he has not referred to the terms of the mukarrari grant. By this grant the zamindar of Jhalda granted a mukarrari patta of the whole of the village Tahadirri to the predecessor of the plaintiffs, "with all rights and interests," at an annual rent of Rs. 81.