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 India Company, by a Sunnud, dated 11th Rujub of that year, granted to Meer Syed Ally, 9,000 beegahs of " Kharij jumma" lands from villages specified in a Chukbund, situate within or on the boundaries of Pergunnah Sultanpore, in the District of Purneah. The consideration for the grant was expressed to be founded on the past services of the Grantee, whereby the incursions of Elephants in the Pergunnah Sultanpore, from the direction of the Morungs upon the cultivated lands of the Pergunnah, had been prevented; and the grant was made as a reward for such and future services, in order that the cultivation of the Pergunnah might become extended, and the Ryots thereof be protected by the Grantee. The Chukbund referred to in the Sunnud was executed under the seal of the Collector of Purneah, dated the 2nd Assin, 1183 (1775 A.D.), and contained the names, boundaries, and measurement of the lands comprised in the grant, the total measurement being stated at 9,012 beegahs, whilst the area of Ramgunge included in the grant, was given at 1,464 beegahs.

At the date of the Sunnud, the East India Company also granted to Meer Syud Ally other lands, not embraced in this suit, in the same Pergunnah, as Istimrary, or in perpetuity at a fixed rental, the Grantee being styled Istimrardar or Mookurreedar, and the last-mentioned lands known under the general description of Talook Remae, &c., as a rent-paying Jaghire. The lands which had been granted free from rent, became known under the general description of Ramgunge Peepra , or Jaghire Peepra Ramgunge Gurha, &c, as a rent-free Jaghire, but comprised, in fact, only very inconsiderable portion of those particular mouzahs, the rest being included within Pergunnah Sultanpore, and paying a Government revenue.

On the 21st Cheyt, 1192 (2nd April, 1786), at which time Meer Syud Ally was dead, the East India Company, in consideration of his merit and past services, executed a further Sunnud in respect of the same lands under the description of Ramgunge Peepra, &c, to Meer Abdool Hossein Khan and Meer Ally Rezza (who claimed to be the elder Brother and Nephew of the original Grantee), who were by the Sunnud authorized to cultivate the same and to enjoy the produce thereof with their children the words used in the original Sunnud being “Ba Farzandan,” the ordinary words of inheritance employed in deeds of that kind.

It was alleged that the real heirs of Meer Syud Ally were at this time resident in Persia, and ignorant of his death, and that the last-mentioned Sunnud was, therefore, in fact obtained in fraud of their rights.

On the nth of February 1802, Ranee Indra wuttee, being the then Zemindar of Sultanpore, having made the settlement with the East India Company, entered into a kooboleat or agreement of that date, fixing the reve