BIBI JARRAW KUMARI SAHEBA Vs. HANIFUDDIN AKANDA

JUDGEMENT

(1.) The suits were based on a sarbarakari patta in favour of the plaintiff, dated the 5 Assar 1292, (June 1885), and the plaintiff alleged that, in virtue of that pattah, a permanent intermediate tenure was created by the Zemindar between his proprietary right and the putni taluks of the tenant defendants, who were, therefore, bound to pay their rents to the plaintiff.

(2.) The defence was a denial of the creation of any permanent interest, and that the plaintiff having failed to carry out certain conditions of the sarbarakari pattah, the Zemindar defendant annulled the same and proceeded to collect rents directly from the putnidars.

(3.) The Court of first instance decreed the suits, and, among other things, held that the sarbarakari pattah created a contract of tenancy.