DINABANDHU NANDI CHOUDHURY Vs. MANNULAL PARIK

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of rent in respect of the land described in the plaint. The defence was that there was no relationship of landlord and tenant between the plaintiff and the defendant with respect to the land.

(2.) It appears that a certain Zemindari belonged to one Bazlur Rahim and his sister. His sister sold a six-annas share of the Zemindari to one Lachmipat Singh on the 1st December 1875. The remaining 10-annas of the Zamindari was sold in execution of a decree against Bazlur Rahim or his sister and the auction-purchaser of the said 10-annas share took possession of the entire sixteen annas. Lachmipat thereupon brought a suit for recovery of possession of the undivided 6-annas share of the Zamindari which had been conveyed to him by Bazlur Rahim s sister. He obtained a decree on the 23rd August 1880 and on the 23rd November of the same year, Lachmipat made a gift of the 6-annas share of the Zemindari in favour of one Mirza Ahmed Ali Beg.

(3.) It appears from the deed of gift that Lachmipat was at the date of the deed in khas possession of a certain quantity of land (168 bighas) consisting of a garden and some paddy land situated within the Zamindari. It is the plaintiff s case that Lachmipat had in these lands Mourasi Mokarari right from before the acquisition of the Zamindari interest, and the main question for consideration in this case is whether the Zamindari interest in those 168 bighas of land, which includes the lands in suit, passed to the donee under the dead of gift. The interest of the donee in the 6-annas Zemindari has passed to the plaintiff and he, therefore, now claims the Zamindari interest in those lands. The defendant purchased the disputed land which remained in "the possession of Lachmipat at an auction sale in execution of a decree against his son Chatrapat.