BASIRAM SAHA ROY Vs. RAM RATAN ROY

JUDGEMENT

(1.) ON April 9, 1868, the principal respondents gave putnis or perpetual leases of certain properties to the present appellants or to persons from whom the present appellants derive title.

(2.) THE material part of one of the putnis is expressed in the following terms : "The zamindari No. 2049 of the aforesaid pargana, standing in the names of the Chowdhuries, and held in our ownership, is recorded in the Collectorate of district Backergunj at a sudder juma of Rs. 1280-15-6 1/2 pies. A 12 gundas 1 kara 13 tils 1 1/2 - krant share out of the 1 anna 11 gundas 2 karas of the 1 anna 14 gundas hissya of Raghu Nath Chowdhury appertaining to the 8 annas 10 gundas hissya of the aforesaid zamindari, that is, a 6 annas 5 gundas share out of the aforesaid 1 anna 11 1/2 gundas hissya taken as 16 annas, belongs to us, and of which we are in enjoyment and possession on payment of the sudder rent. As we are unable to till, cultivate and settle the lands appertaining to the aforesaid hissya, we, of our own accord, grant you in writing a putni talukdari pottah of mauzas Chhoto Dumaria, Gopalpur, Narayankhana, Dharabashail, Kandi, Suagram, Shalukha, Chhatian, Patiljhapa, Bahirshamli, Korya, Rarirbilla, Ghagharkanda, except the debottar, and the kismats appertaining thereto, at the annual rent of Rs. 145." The other putni is in similar terms.

(3.) IN 1897 a purchaser from one of these sharers applied under Ben. Act V. of 1897 for a partition. This application was resisted by some of the other proprietors; but the collector granted it, and in process of time a regular partition was effected, and the property was divided into twenty-eight different estates.