PAYARI MOHAN MAHAJAN Vs. SIDDIQUE AHMED

JUDGEMENT

(1.) This is plaintiff's appeal against the decision of the District Judge of Chittagong dated 14th August 1925 which affirmed a decision of the Munsif of Fatickchari dated 27 August 1924.

(2.) Plaintiff brought the suit in which this appeal arises to recover possession of the disputed land from the defendants on the ground that he is a raiyat and that the predecessor of the defendants Rahamat Ali had dar-raiyati right under him and that Rahamat Ali having died the defendants have acquired no right to the dar-raiyati as the said interest is not heritable. 2. The defence of the defendants was that the plaintiff was a raiyat at fixed rate in respect of the land in suit. He granted a permanent and heritable jotedari right to the defendants predecessor Rahamat Ali by a patta executed in the year 1258 M.E. 1896 and the plaintiff was estopped from denying defendants title to the land and from claiming khas possession. The Munsif held that the plaintiff was a raiyati at fixed rent and was competent to grant a permanent heritable lease to the defendants predecessor. To this suit for khas possession a claim for arrears of rent for 1283 and 1284 M.E. was joined. The Munsif dismissed plaintiff's claim for khas possession and decreed the claim for arrears of rent.

(3.) An appeal was taken by the defendant to the District Judge. The learned District Judge held that the status of the plaintiff was not that of a raiyat at fixed rent, but was that of an occupancy riayat. The learned District Judge, however, came to the conclusion that the plaintiff was estopped from setting up that the interest created by the patta was darraiyati and dismissed plaintiff's appeal.