ARUN CHANDRA SINGHA Vs. SECRETARY OF STATE

JUDGEMENT

(1.) This is an appeal by the plaintiffs against a decision of the Additional District Judge of Hooghly, at Howrah, reversing a decision of the Additional Subordinate Judge of Howrha.

(2.) The suit out of which the appeal arises was brought by the plaintiffs for a declaration that a certificate issued under the Public Demands Recovery Act, 1895, to recover certain drainage costs under the Bengal Drainage Act, 1880, was invalid and that the substitution of the plaintiffs names in place of the original obligee of the instalment bond, given under the provisions of the Bengal Drainage Act, was ultra vires.

(3.) The Subordinate Judge held that the certificate was issued without jurisdiction and that the substitution was ultra vires. The Additional District Judge has reversed this decision and hence this appeal. The facts are as follows: A certain drainage scheme, known as the Rajapur Drainage Scheme, was carried out in the year 1895 and under the provisions of the Bengal Drainage Act part of the costs were charged against Mouza Khasmara appertaining to patni Wadipur. The plaintiff's or their predecessors-in-interest were the zamindars at the date of the scheme and the patnidars were Pran Krishna Ghosh and Panchkari Ghosh, each having an 8 annas share.