SECRETARY OF STATE Vs. MIDNAPORE ZAMINDARY CO , LTD

JUDGEMENT

(1.) In this case 14 appeals to His Majesty have been consolidated, 10 being brought by the Secretary of State for India in Council and four by the Midnapur Zamindary Company Limited. Six of the former group (Nos.6, 7, 8, 10, 11 and 15 of 1931) will be first dealt with. They arise out of six suits which were brought in 1921 and 1922 by the Midnapur Zamindary Co., Ltd., (the plaintiff company now respondents) and were tried by the Subordinate Judge of Rajshahi in 1927. The suits were numbered 21, 450, 451, 94, 95 and 454. In each, the plaintiff company's case was that in the suit lands they had the right of a permanent tenure-holder at a fixed rate of rent and their claim was for a declaration of the invalidity of certain proceedings taken by the revenue authorities in the course of which orders had been made purporting to enhance their rent. The facts as to the plaintiff company's title are not in dispute and it is unnecessary to refer to them in detail. All the lands in question, which lie in different districts along the sides of the River Padma, had been part of a permanently settled estate.

(2.) Tauzi No.523 of the Murshedabad Collectorate at the time of the Permanent Settlement (1793). The plaintiff company's position in four of the suits was that of holders of patnis which had been created in 1836 and 1866. In suits 94 and 95 they had permanent tenure at a fixed rent, held not directly from the zamindars but from intermediate tenure-holders whose right dated back to 1814 and 1835 respectively. In suit 95 two out of their three sub-tenures were darpatni and a sepatni tenure : one-granted in 1860-was an ordinary sub-tenure at a fixed rate of rent. In suit 94 one sub-tenure only is involved: it is not of patni character and was granted in 1896.

(3.) The Revenue Survey in this part of Bengal took place in 1853-4 and showed the suit lands to be dry land of the revenue paying estate (touzi-mahal). In 1867-68 there was another survey (called a Diara Survey as its purpose was to ascertain the effect of fluvial action upon the lands) and the suits lands (with other lands) were shown to be then under water, in consequence whereof a deduction was, in 1871, made from the revenue payable by the zamindars to Government, the deduction being made pursuant to the provisions of S. 5, Bengal Alluvion and Diluvion Act (9 of 1847). The permanent tenure-holders received no abatement of rent and it would seem that they claimed none. In 1913 the locality was again surveyed and action taken to assess the land revenue. Proceedings under Ch. 10, Ben. Ten. Act, 1885, were begun. Under S. 104 of the Act, the Revenue Officer having prepared a record of rights, took steps to settle fair and equitable rents for tenants of every class including the patni-dars and to prepare a settlement rent roll. The lands in suit having re-appeared above water were treated as land ''added to [an] estate paying revenue directly to Government" within S. 6, Act 9 of 1847. The Settlement Officer after some hesitation by order dated 18th March 1919, proceeded to fix for these lands rents according to their value, disregarding the contractual rent fixed in perpetuity by the tenure-holders' leases. A much higher rent having thus been imposed upon the tenure holders a corresponding assessment to revenue was made upon the zamindars. The zamindars, after some vacillation, refused to accept settlement on the terms offered with the result that Government proceeded to hold the estate khas paying malikana to them.