- (1.) This is an appeal by the Defendant against the judgment and decree passed by Jonab A. Rabbani, learned subordinate Judge, 4th Court, Alipore, district 24-Parganas and dated April 22, 1947.
(2.) This appeal arises out of a suit to enforce a mortgage entered into on April 8, 1932. The mortgage bond was executed by Srimati Santasila Dasi as natural guardian and mother of the Defendant Appellant Charu Chandra Sinha, then a minor.
(3.) The facts of this case may be shortly stated as follows: On July 21, 1884, Joy Krishna Bose took a lotdari settlement of the disputed lands for a period of 40 years, viz., from April 1, 1884, to March 31, 1924. Joy Krishna's sons sold the said lot No. 115 appertaining to touzi No. 2732 to Srimati Sashtimoni Dasi, wife of Ambika Pal. On June 1, 1902, Sashtimoni let out the lot to Rajendra Nath Sinha and Harinath Sinha on the terms and conditions mentioned in the lease Ex. 7; the annual rent was fixed at Rs. 1,513, viz., Rs. 938 as revenue, cesses, etc., payable into the Collectorate by way of barat and Rs. 575 as munafa. The lease which will be referred to as chakdari lease, was a mokarari mourashi junglebari chakdari one and contained a provision for payment of enhanced revenue and cesses in case of enhancement of revenue of the lot by the Government.;