RAJA DURGA PRASHAD SINGH Vs. TRIBENI SINGH

JUDGEMENT

(1.) The suit to which this appeal relates is brought to recover certain lands formerly held under ghatwali tenure, in the zemindary of Kharakpur in Bengal.

(2.) These lands were originally held by the zemindar under the ruling power upon terms that the zemindar should perform by himself or his tenants the duty of guarding the ghats or passes against marauders, and preserve the peace of the district, and discharge other police services.

(3.) In the year 1838 the Government, being of opinion that these duties could be; and indeed were being, better performed by their own officers, and that the Government was entitled to resume these lands, as the services for the performance of which they were originally held were no longer needed, claimed to resume them accordingly.