DEBENDRA LAL KHAN Vs. PITAMBAR BERA

JUDGEMENT

(1.) The plaintiff's case, shortly stated, is as follows : In mouza Maida there were 61 bighas 15 cottas of nishkar lands which were included in old Register No. 115 and present Register Nos. 105-B and 4171-C of the Midnapur Collectorate. The said lands are included in Chak No. 1 of the thak map of Mouza Gaighatta with which Mouza Maida was measured at the time of the thak. The lands on actual measurement were found to be 64 bighas. At one time these lands, together with other lands, were the nishkar properties of one Ram Narain Pal and they were confirmed as lakheraj under a sanad dated 1876. Under some sort of compromise, the details of which are neither clear nor material eight annas of the said lands came to be in the possession of one Raja Sree Narayan Pal and the other I eight annas in the possession of one Narayan Pal and one Darpa Narayan Pal. Sree Narayan a wife Kshirode Mohini purchased the eight annas interest of Nara Narayan and Darpa Narayan under a kobala and in auction sale in Magh 1281 A.S. In Falgun 1281 A.S. she took a maurasi mokarrari lease from her husband in respect of the eight annas share of the latter. She remained in possession of the lands, eight annas in lakheraj right and eight annas in maurasi right till her death in Assar 1299 A.S.

(2.) On her death, in accordance with the custom obtaining in the family of Raja Sree Narayan Pal under which the eldest son succeeds to the estate of the father and the other sons to the exclusion of the daughter succeed to the estate of the mother, the two younger sons of Sree Narayan, namely, Monmatha and Pramatha, inherited their mother's interest in the said lands to the exclusion of the eldest son and an infant daughter. Monmatha and Pramatha sold their interest -in the lands to the plaintiff by kabalas dated 1322 A.S. and 1327 A.S. respectively and the plaintiff has since then been in possession of the lands, on getting his name registered in the Collectorate and by realizing rents from his tenants. Sree Narayan was also the zemindar of Mal Mehal Hariharpur, and he sold the said mehal to the Defendant No. 2 and obtained a patni settlement from the latter in. respect of the same. This patni right was subsequently acquired by the Defendant No. 1. The Defendant No. 2 has also acquired the lakheraj right in eight annas of the lands which Sree Narayan had therein. The result of these transactions is that while the Defendant No. 1 is the patnidar under the Defendant No. 2 in respect of the Mai Mehal Haribarpnr, the plaintiff has lakheraj rights in eight annas of the aforesaid lands in mouza Maida and maurasi rights in the remaining eight annas thereof under the Defendant No. 2 who has lakheraj rights in the said eight annas.

(3.) In the record of rights the said lands have been entered as being included in the Mai Mehal Hariharpur and as being the patni of the Defendant No. 1 under the Defendant No. 2 and, the Defendants Nos. 3 to 43, the tenants, have been recorded as the tenants of the Defendant No. 1 The plaintiff's case is that the aforesaid entry is wrong. He, therefore, instituted the suit out of which this appeal arises for a declaration as to the incorrectness of the entry and for certain other declarations, viz., that the lands are the lakheraj lands of old Register No. 115 and present Register Nos. 105-B and 4171-0, that he has got eight annas malikar right and eight annas maurasi rights in the lands, that the Defendant No. 1 has no patni right to the lands under the Defendant No. 2 as appertaining to his Mai Mehal Hariharpur, that the tenants Defendants Nos. 3 to 43 are tenants in respect of the said lands under him.