MANMATHA NATH MITTER; ANATH BANDHU PAL SELF AND AS EXECUTOR Vs. ANATH BANDHU PAL SELF AND AS EXECUTOR TO ANR; MANMATHA NATH MITTER

JUDGEMENT

(1.) These two appeals arise out of a suit for Khas possession of certain lands described in four schedules (Ka, Kha, Ga and Gha) to the plaint by ejectment of the defendants therefrom, and for mesne profits.

(2.) The plaintiffs alleged that the lands in suit are comprised within Zamindari Baridhati, Touzi No. 156 of the 24-Pargannas Collectorate. The Zamindari originally belonged to Sir Radha Kant Deb, and his executors on the 22nd Baisakh 1281 granted a Patni of it to his widow Rani Padmamani. In 1879 the Zamindari interest was purchased by Sir Romesh Chandra Mitter, the father of the plaintiffs, and in the same year the Patni interest was purchased by one Nabin Chandra Ghose. The latter granted a Darpatni to his son Kishori Lal Ghose in 1895: on the death of Nabin, all his sons including Kishori became entitled to the Patni, and Kishori alone was the Darpatnidar.

(3.) Sir Romeah Chandra Mitter died in 1899, and the Zemindari vested in his executrix Jagattarini. She instituted a suit for arrears of rent of the Patni against Kishori Lal and his brothers, and in execution of the decree in that suit purchased the Patni in Khas on the 15th August 1906 with power to annul all incumbrances. On the 3rd December 1906 she annulled the Dar-patni of Kishori by service of a proper notice under the porvisions of Section 167 of the Bengal Tenancy Act, and it is the plaintiffs case that from December 1806 rents were realized in Khas from the tenants. The executrix died in it is and the Zemindari right thereupon vested in the plaintiffs.