RAJKUMAR THAKUR GIRIDHARI SINGH Vs. MEGH LAL PANDEY

JUDGEMENT

(1.) The appellant is the proprietor of the Zemindari of Pergunnah Noagarah, being Mahal No. 16 of the touzi of the Collectorate of District Manbhoom.

(2.) In 1865 he executed a mokarari pottah of a small portion of Mouzah Baramashya "with all rights " (this being the translation of the expression " mai hak hahuk") "as per boundaries ... appertaining to my Zemindari, the third kismat Pergunnah Nawargarh, which is in my possession." An annual jumma was fixed of 59 rupees and 2 seers of ghee and 1 goat.

(3.) It is admitted that the possession was of a permanent and heritable character, subject to the payment of rent, failing which latter the mokarari "will be cancelled at the end of the year." There is also a clause as to trees in these terms :- You shall be entitled to the extra collections which will be realised in the village, and you shall take the prices of the trees of the same by cutting and selling them, to which I shall not have any right.