SURENDRA NARAIN SINHA Vs. RAJA BEJOYA SINGH DUDHORIA

JUDGEMENT

(1.) This is a novel case. The learned Subordinate Judge of Murshidabad has granted to the zemindar an injunction restraining the putnidar and his lessees, the defendants, from making bricks anywhere in the putni, and also a nominal sum by way of damages for the mischief caused by the brick-making that has already taken place.

(2.) The defendants appeal, and urge that the decision is wrong on three grounds, firstly, because the relation between zemindar and putnidar is such that the former is not entitled to the relief claimed: secondly, because the document creating the putni contains no stipulation against brick-making and thirdly, because the practice was begun many years ago, and has been continued without objection by the zemindar until this suit was instituted.

(3.) It appears to me that the defendants are entitled to succeed on each of these grounds.