ARTHUR HENRY FORBES Vs. BAHADUR SINGH

JUDGEMENT

(1.) THIS appeal, which is from a judgment and decree of the High Court of Calcutta, dated April 8, 1908, raises certain questions of particular importance under the Rent Law of Bengal, for the proper apprehension of which it is necessary to set out in some detail the facts of the case.

(2.) THE zamindari of Lot Saifganj, situated in the district of Purneah, was owned at one time by a zamindar of the name of Roy Dhanpat Singh, since deceased. The estate, however, was settled in patni, and has been held for some years past by the defendant Chattrapat Singh as the patni taluqdar; Chattrapat, on his side, settled the patni tenure, in several parcels with subordinate tenure-holders called darpatnidars. Two of these darpatnis are held by the plaintiff-appellant. These tenures are special to Bengal, the Sonthal Pergunas, and certain parts of Chota-Nagpur, and their incidents are governed by Regulation VIII. of 1819, commonly called the Patni Regulation. To some of these incidents reference will be made in the course of this judgment.

(3.) ON June 27, 1893, Dhanpat Singh transferred the zamindari, subject of course to Chattrapat's patni, to a Hindu lady, Bhagwanbati Chowdhrain, who has unquestionably been in possession of the estate since her purchase.