ASHUTOSH DEO Vs. BANSIDHAR SHROFF

JUDGEMENT

(1.) THE appellant, the holder of a ghatwali tenure in Birbhum called Rohini, appeals from a decree of the High Court at Patna, which, reversing a decision of the Subordinate Judge of Deoghar, granted the petition of the respondent, a decree-holder, and ordered execution, by sale of the tenure, to proceed. The Secretary of State, intervening by leave, supports the appeal.

(2.) APART from the effect of the Sonthal Parganaa Rural Police Regulation, 1910, whatever it may be, it is quite clear that no such order could be made. The inalienability of a ghatwali tenure is a settled principle of the general law (see Nilmoni Singh v. Bakranath Singh L.R. 9 I.A. 104), and, with regard to those in Birbhum, Ben. Regulation XXIX. of 1814 and Act V. of 1859, which the Regulation of 1910 does not purport to affect, have specifically affirmed it. The contention of the respondent is that the administrative arrangements laid down in the Regulation of 1910 have, in effect, commuted the whole of the ghatwal's personal services into a money payment and have accordingly removed the reason, which historically has been assigned as the explanation of this incident of ghatwali tenure. The Regulation of 1910 is itself plain enough, and nothing seems to turn on its mere construction. The principle of the decision below may be briefly said to have been an application of the maxim, " Cessante ratione legis cessat ipsa lex," to the case of an established incident of a right to land.

(3.) THE appellant succeeded the previous holder, his deceased cousin, in 1911, being duly appointed by the Deputy Commissioner of the Sonthal Parganas, and he executed, as usual, a muchalka, in an ancient and accustomed form, dated October 23, 1911, by which, on his appointment, he undertook a variety of duties, most of them no doubt connected directly or indirectly with the " maintenance of the public peace " within his lands, partly by personal service, partly by constables and suchlike, employed for the purpose. It may be frankly recognized that, if relieved of that part of his obligations which would be dealt with under the regular system of the rural police, the residue of his duties would be neither onerous nor important. As is the case with many other ghatwals, his position might then be described as an interesting survival.