Judgement

THIS suit was instituted by the Appellant, for resumption of 9,000 beegahs of Jaghire Chakeran lands of Talook Ramgunge and Talook Gurrah, in Pergunnah Sultanpore, which were held by the Defendants as rent free, but were alleged by the Appellant to be comprised in, Alexander John Forbes V. Meer Mahomed Tuquee 71 and to form part of, a zemindary, called mehals Havelee Purneah, which had been sold for arrears of Government revenue, on the 24th of July, 1850; and the suit also sought for the recovery of possession of 2,000 beegahs of land, called " Towfeer," alleged to be held surreptitiously by the Defendants, in excess of the before-mentioned 9,000 beegahs, and under colour of the Sunnud or grant relating thereto. The Appellant sued, as Zemindar of Pergunnah Sultanpore, under a title from Baboo Pertaub Sing, the auction Purchaser. The Respondents were sued as heirs of the original Grantees in possession. After the admission of the appeal by the High Court, the principal Defendant, Meer Mahomed Tuquee, died, and the Respondents, as his representatives, were made parties in his place.

The following were the facts of the case —

In the year 1183 Moolkee (1775 A. D.), the East