MONMOTHA NATH MUKHERJEE Vs. SHEBAITS OF SREE SREE SREEDHAR JEW
LAWS(CAL)-1950-9-10
HIGH COURT OF CALCUTTA
Decided on September 06,1950

Monmotha Nath Mukherjee Appellant
VERSUS
Shebaits Of Sree Sree Sreedhar Jew Respondents

JUDGEMENT

LAHIRI,J. - (1.) THESE three appeals are by the plaintiff and arise out of as many suits for the assessment of fair and equitable rent in respect of lands recorded in Khatians 89, 40 and 38 of Mouza Saharaberia. The plaintiff's case is that he is the Patnidar of the aforesaid Mouza under the Maharaja of Burdwan and that the disputed land is part of his Mal assets. The defendants have been recorded in the C. S. record as raiyats under the plaintiff but in the column of rent there is an entry of Niskar and in the remarks column there is an entry
(2.) CHL cRljsj m/os fc:) n[ky izek.k lw=*** -The plaintiff prays for a declaration that the entry about Niskar is wrong and for assessment of fair and equitable rent. The defendants contest the suit on the ground that the disputed land was never part of the Hal assets of the Mahal and that the defendants and their predecessors have been holding the lands without payment of rent for more than 12 years and as such the prayer for assessment of rent is not maintainable.
(3.) IN S. A. Nos. 869 and 870 the defendants further pleaded that the disputed lands were covered by two Taidads which were produced at the trial.;


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