GOSAI CHANDRA RAY Vs. CHURKU SINGH BABU

JUDGEMENT

(1.) This is an appeal against the judgment and decree of Mr. Sarat Chandra De, Additional Subordinate Judge of Asansol, dated 22 August, 1931, in which he dismissed an appeal from the decision of Babu Khagesh Chandra Mitter, Munsif of Asansol dated 29 July 1930.

(2.) In the case with reference to which this appeal arises it appears that one Jugal Roy held certain land under defendants 2 and 3. The land in question was held under a service tenure. He also appears to have held certain other lands under the same proprietors under another tenure. When Jugal died the Chakran land was resumed by defendants 2 and 3, and in 1926 defendants 2 and 3 settled this resumed land with the plaintiff Churku Singh. It is admitted that, before this land was settled with Churku Singh, the estate of defendants 2 and 3 had been declared to be an Encumbered Estated under the provisions of the Chota Nagpur Encumbered Estates Act (6 of 1876). In order to obtain possession of the land which was settled with him in 1926 and a declaration of his title thereto the plaintiff instituted the suit out of which the present appeal arises.

(3.) The case for defendant 1 Gosai Chandra Roy, in the lower Court was to the effect that he was in possession of the land in suit and that defendants 2 and 3 had no power to grant settlement of this land to Churku Singh. He also raised another defence to the effect that the land in suit appertained to certain jamai land belonging to Jugal Roy which he had bought from the latter. But with regard to the latter defence it is admitted that the findings of fact in the judgment of the lower Courts are conclusive. The Subordinate Judge in dismissing the appeal noted that, as the land in suit is not situated within Chota Nagpur, he considered that defendants 2 and 3 had ample power to grant settlement thereof to the plaintiff, and he based his finding on this point on the decision of this Court in the case of Bhicha Ram Sahu v. Bishumbhur Nath Sahi (1912) 17 IC 957. The only point which has been urged by Mr. Mitter in support of the appellant is that the land which is the subject-matter of the suit out of which this appeal arises is subject to the provisions of the Chota Nagpur Encumbered Estates Act, even although it is admittedly situated in the Asansol Sub-Division and, in particular, he refers to Section 2 of the Act by which it is provided that "the Commissioner may, with the previous consent of the Lieutenant Governor of Bengal by order published in the Calcutta Gazette, ap point an officer (hereinafter called the manager) and vest in him the management of the whole or any portion of the immovable property of or to which the said holder is then possessed or entitled in his own right."