KASHIM SHEIK Vs. PRASANNA KUMAR MUKERJEE

JUDGEMENT

(1.) The chaukidari chakran lands March 22. in Tillage Basudevnagar, otherwise called Uchkaran in estate No. 1153 of the Birbhum Collectorate, were resumed by the Collector of the district under the provisions of Bengal Act VI of 1870, and were on the 6 December 1895 transferred to the proprietors of the estate as provided by Section 50 of the Act. A share of the parent estate was on the 27 June 1898 sold under Act XI of 1859 for arrears of land revenue and the plaintiff claims under the purchase.

(2.) The plea of the defendants is that by the transfer made on the 6 December 1895 the chaukidari chakran lands were separated from the parent estate and did not pass to the plaintiff by the sale of the parent estate.

(3.) The Munsiff, in whose Court the suit was instituted, gave effect to the plea of the defendants and dismissed the suit. The Subordinate Judge, on appeal, held that notwithstanding the transfer by the Collector the lands continued to be parts of the estate and passed to the purchaser by the sale of the parent estate.