PURNA CHANDRA LAHA Vs. SOUDAMINI BAISNABI

JUDGEMENT

(1.) This is an appeal on behalf of the defendants Nos. 5 and 6 in an action for recovery of possession of certain lands which were originally ghatwali chakran lands and situated in the zemindari of the Maharaja of Burdwan.

(2.) It appears that the defendant No. 1 was the ghatwal of these lands and on the 24th January 1899 in execution of a decree for money against him, his right, title and interest in these lands were sold and purchased by the plaintiff. The plaintiff alleges that at that time defendant No. 1 had obtained a transferable right in these lands by virtue of a kabuliyat executed by him in favour of the Maharaja on the 5 September 1896.

(3.) The whole question in dispute is as to the nature of the right created by this kabuliyat. If on the day of the auction-sale the defendant No. 1 had acquired a valid transferable right under this dominant, the plaintiff, as purchaser of that right, is entitled to succeed If on the other hand it is found that defendant No. 1 had not at that time acquired any right which was capable of being transferred, the plaintiff has taken nothing and his suit is bound to fail. That document recites that at the time of its execution, negotiations were proceeding between the Government, the zemindar and the ghatwal for the resumption of these lands. It is quite clear, however, that the lands at that time had not been resumed and transferred to the zemindar. It is also quite clear from the lease, which is the counterpart of this document, and was executed on the 29 January 189,9, that even up to that time the resumption had not taken place.