Judgement

T. L. VENKATARAMA AIYAR, J. : This is an appeal by the plaintiff against the judgment of the High Court of Calcutta in a second appeal which, in reversal of the judgments of the Courts below, dismissed his suit, which was one in ejectment.

2. The suit property is a Mahal of the extent of 84 Bighas 18 Cottas situated within lot Ahiyapur village, which is one of the villages forming part of the permanently settled estate of Burdwan Zamindari. This village was granted by the Maharaja of Burdwan in Patni settlement to the predecessors-in-title of defendants 1 to 7. The exact date of this grant does not appear, but it is stated that it was sometime prior to the enactment of the Bengal Patni Taluks Regulation (Bengal Regulation VIII of 1819), hereinafter referred to as the Regulation, and nothing turns on it. The Mahal with which this litigation is concerned, had been at or prior to the permanent settlement set apart as Choukidari Chakran lands; that is to say, they were to be held by the Choukidars for rendering service in the village as watchmen. In 1870, the Village Chaukidari Act (Ben. VI of 1870), hereinafter referred to as the Act, was passed, and S. 48 of that Act prov