RAJA JOYTI PRASHAD SINGH DEO BAHADUR Vs. KUMUD NATH CHATTERJI

JUDGEMENT

(1.) This is an appeal from a decree of the High Court at Fort William, in Bengal, affirming a decree of the Subordinate Judge of Burdwan. The respondents as plaintiff s brought a suit to recover 6,848 rupees 8 annas, being the amount of patni rents for the years 1902-1910, paid by thorn, as they alleged, although not due, in order to save their lands from sale under the powers conferred on zemindars by Section 14 of Regulation VIII of 1819.

(2.) The appellant, on whose behalf as having rights conferred on a zemindar, it had been proposed to put the power of sale in force, contended, in the first place, that the money could not now be recovered, on the ground that even if not legally due it was paid voluntarily, or, if otherwise than voluntarily, as the result of proceedings in which the respondents had not chosen to defend themselves, and which consequently could not be reviewed. In the second place, he contended that the amount paid was due under the provisions of "The Chota-Nagpur Encumbered Estates Act" (VI of 1876).

(3.) The facts do not appear to be obscure, and if the appellant s contentions are right on either of the points stated he may be entitled to succeed. As, however, their Lordships are of opinion that the argument addressed to them from the bar fails on both points, they have not found it necessary to call on the respondents to support the judgments in the Courts below, either on the two questions referred to, or on certain minor points which their Lordships did not consider to be tenable.