RAJA RAMKANAI SINGH DEB DARPASHAHA Vs. MATHEWSON

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Bengal, dated the 28th April 1910 affirming a judgment and decree of the Subordinate Judge of Manbhum, dated the 25th November 1907, dismissing the suit with costs. The main object of the suit was to obtain a declaration of the nullity of a putni lease dated the 29th June 1890. The other demands in the plaint were consequential upon such a declaration of nullity being obtained. The only question argued in the appeal was whether the putni lease was ultra vires and invalid.

(2.) The facts are briefly these. The first appellant, the plaintiff is the son and successor of the late Raja Broja Kishore Singh Deb Darpashaha, the owner of the Barabhum estate. In 1883 the Raja borrowed Rs. 60,000 from Messrs. Robert Watson and Company on a mortgage of his estate, and on 27th February of that year he executed an Ijara lease in their favour. This lease contained a condition that if the Company should desire to take a putni lease of such portions of 84 1/4 villages as were treated in the Ijara as ghatwali lands the Raja would grant such a putni on certain terms. On 8th March 1885 this putni was granted. Four years thereafter, viz., on 6th March 1889, the affairs of the Raja being deeply embarrassed his estate was placed under the protection of Government by virtue of the Chota Nagpur Encumbered Estates Act 1876.

(3.) There were apparently considerable difficulties in arranging for the liquidation of the debt. After negotiations it was agreed that the remaining portions excluded from Messrs. Watson and Company s former putni lease should be demised to these creditors for a sum of Rs. 30,000. Their Lordships have considered the documents and have no hesitation whatsoever in accepting the view that the true, and, in fact, only meaning of the transaction was that expressed in the Commissioner of Chota Nagpur s letter of the 20th February 1890, in which he sanctioned " the proposal to grant them a putni lease of the 84 1/4 villages excluded from the present putni.