SANKER ROY CHOWDHURY Vs. SECRETARY OF STATE

JUDGEMENT

(1.) This appeal arises out of a suit (suit No. 81 of 1915) which was one for declaration that the lands in dispute, 784 acres, which Government formed into a Deera Estate No. 1503 with a revenue of Rs. 5,681-was part of the plaintiff's permanently settled estate Chur Alokdya Touji No. 1071 (present Touji No. 174) held at a fixed revenue, that Government had no right to assess the lands in dispute with revenue and for other reliefs. The disputed lands are shown in the case map in 2 Blocks, the northern is called Ka and the southern Kha, both being coloured yellow. The proceedings which immediately led up to the institution of the present suit are the following.

(2.) The Assistant Deera Survey Superintendent found that certain newly formed lands were not included in the settlement of the estate Alokdia which was sold in 1863 to the predecessor-in-title of the plaintiffs. The plaintiffs objected to the Deera proceedings, but those objections were rejected and the proceedings were forwarded to the Board of Revenue for sanction. They were accordingly sanctioned by the Board of Revenue, and a settlement of the lands for 12 years was made from the 1 April, 1914 to 31 March, 1926. The plaintiffs took settlement under protest.

(3.) It appears that in 1844 a big Chur was thrown up on the bed of the river Brahmaputra. The Government took proceedings under Regulation II of 1819 and got possession of the lands. These lands constituted Char Alokdia and became the property of Government. In 1852, Thak Survey was made on those lands and it was found that 8211 bighas appertained to the mehal. The Revenue Survey took place in 1854 in which also, it was found that the same quantity of lands appertained to that Mehal. The Government made temporary settlements of the mehal from time to time, and ultimately on the 30 May, 1863, issued a notification in the Calcutta Gazette for sale of the mehal. The terms of the sale notification were these: Notice is hereby given that Zamindari right of Government to the undermentioned Khas Mehal, situated in the District of Fabna, and mentioned in the statement hereunto annexed will be put up to sale.