LAWS(PVC)-1925-1-118

BAMA CHARAN KAR Vs. PYARI MOHAN GANTAM

Decided On January 19, 1925
BAMA CHARAN KAR Appellant
V/S
PYARI MOHAN GANTAM Respondents

JUDGEMENT

(1.) These four appeals arise out of as many suits institutes by the plaintiffs for recovery of possession of certain lands upon declaration that the plaintiffs have get zamindari right therein and that the defendants have no tenure appertaining thereto.

(2.) Pargana Kotalipara bore Touzi No. 4515 of the Faridur Collectorate. This estate was partitioned by the Collector under the Estates Partition Act into 28 sahams and each saham was formed into a separate estate bearing a separate number. The plaintiff in one of the suits is the owner of 16 annas of one of the separate estates and the plaintiffs in the other three suits are entitled to shares in some of the other separate estates. The plaintiffs seek to eject the defendants in these suits in three of which the other cosharers of these separate estates have been made pro forma defendants on the ground that the principal defendants hold the lands under certain fictitious tenures which they have managed to get recorded in the last cadastral Survey and Settlement proceedings as appertaining to the zamindari without the plaintiff's knowledge.

(3.) The principal defendants claim to hold the lands in all the suits as owners of a sikmi taluq Nandaram Choudhry and in one of the suits also as owners of a howla Nobo Kumar Das. They contend that the tenures are not fictitious but real, that there was a private partition and arrangement amongst the cosharers of the estate Touzi No. 4515 by which the said cosharers were in possession of separate lands, that the sikmi taluq was created by all the proprietors, that the sikmi taluq as well as the howla have been existing from before the Permanent Settlement and that all the cosharers of the zamindari have all along recognized these tenures and that the defendants are not liable to eviction.