Judgement

Appeal (No. 138 of 1919) from a judgment and decree of the High Court (June 27, 1916) affirming a decree of the Subordinate Judge.

On June 14, 1846, one Mathura Nath Ghosh, the owner of mauza Israin Kalan, granted a mukarrari lease of about 1242 bighas situated within the mauza; those lands were known as Jadua patti. The lessees were Dhir Nath Tiwari and Loke Tiwari, who were members of a joint Hindu family.

The mukarrari lease by its terms was granted for agricultural purposes. On August 31, 1856, Mathura Nath Ghosh granted a patni lease of the whole mauza to Kalit Nath Tiwari (the son of Loke Nath) and one Tej Narayan Tiwari, the latter not being a member of the joint family ; in 1858 Kali Nath bought the rights of Tej Narayan in the patni. In 1907 the appellants purchased the patni at a sale for arrears of rent.

In 1910 the appellants instituted the present suit against the respondents—namely, the heirs of Kalit Nath Tiwari and another defendant not material to the appeal. By their plaint they claimed (1.) a declaration that Jadua patti was part of the patni settlement of August 31, 1856; (2.) a declaration that the defendants had no mukarrari right in Jadua patti; and