LAHIRI,J. - (1.) THIS appeal is by the plaintiffs and it arises out of a suit for a declaration that certain entries made by the revenue authorities in the record of rights prepared under Part II of Chap.X, Bengal Tenancy Act, are illegal and ultra vires.
(2.) THE plaintiff's case, as stated in the plaint, is as follows : The plaintiffs are proprietors of touzi No. 1453 comprising Lot No. 88 Mouza Kharampur Abad and Lot No. 89 comprising Mouza Chimta and also of touzi No. 1448 comprising Lot No. 93 Mouza Par Bhawanipur and Jamberia Abad in the Sunderbans. The predecessor in interest of the plaintiffs, named Nawab Nazir Siddi Nazar Ali took settlements of the aforesaid lots for 99 years expiring on 31 -3 -1942. The predecessor of the defendants took Ganti Settlement of about 3700 and 2700 bighas of land within Lots 89 and 93 by a patta dated 21 -3 -1850. By this patta it was settled that rent would be paid for the arable land at the rate of 12 as. per bigha and the rent of the patit lands was to be assessed after reclamation at 10 as. per bigha. On 7 -7 -1869, a confirmatory patta, was granted after reclamation and by this patta the total rent was assessed at Rs. 2468 -12 -0 and it was stipulated that the jama was to be mourashi mokurari one. On the death of the original grantee of the patta his interest was inherited by his six sons who had it partitioned amongst themselves and paid rent separately. In course of time the shares of two co -sharers were made khas by the plaintiffs and the shares of two other co -sharers were purchased in auction by one Gopal Basini who has been impleaded in the suit as defendant 4. At the time of cadastral Survey in 1928 the rent recorded in each share was Rs. 411 -7 -4 which is exactly one -sixth of the total rent of Rs. 2468 -12 -0 fixed by the patta dated 7 -7 -1869. On the expiry of the term of 99 years' lease with the plaintiffs, proceedings under Part II of Chap. X, Bengal Tenancy Act, were started by the revenue authorities who settled the revenue and rents of all grades of tenants. The revenue of touzi No. 1448 was increased from Rs. 973 to Rs. 5662 and the revenue of touzi No. 1453 was increased from Rs. 641 -3 -0 to Rs. 2881. This increase in the revenue of the two touzis led to a corresponding increase in the rents payable by the defendants which were recorded in the khatians in the following manner : Mouza MouzaChimta. ParBhawanipore.1. Defendants 1 to 3 Rs. 527 -13 -0 Rs. 441 -15 -02. Golap Basini (D4) ' 527 -13 -0 ' 414 - 2 -03. Golap Basini (D4) ' 527 -13 -0 ' 372 - 3 -04. Mahtap RoyChoudury (D5) ' 527 -13 -0 ' 436 - 8 -0
(3.) IN the remarks column of the khatians, however, it was stated that the total rent of Rs. 2468 -12 -0 is payable under the pattas dated 21 -3 -1850 and 7 -7 -1869 but the terms of the pattas are not binding against the Government.;