Judgement

The suit out of which this appeal arose, was instituted by the Collector of the Twenty-four

11 M.I.A. 345 ( 1866- 1867) Gunga Gobind v. C ollector of the Twenty-Four Pergunnahs 81

Pergunnahs, to recover the possession of 21 beegahs 8 c. 4 c. of land, in Mouzah Chandpore, Pergunnah Khaspore, in the District of the Twenty-four Pergunnahs, of Which the Appellants were in possession.

The Collectors case in the Court below, and on appeal, was, that the land was Mal (rent-paying) land, in respect of which the Government was receiving rent, and was not La-khiraj.

The Appellants, in answer, contended first, that the Collector did not establish this fact; secondly, if so, the Regulations of limitation of suits from long possession was a bar to the suit; and thirdly, that in any event, as the Government alleged that they were then actually in receipt of rent in respect of the land, the Collector was not entitled to Maintain an action of ejectment to recover possession.

The facts, in substance, were these

The land in question, is part of the Twenty-four Pergunnahs, of which the Government is Zemindar, and was purchased by the Appellants ancestors in 1826, for Rs. 26,200, as La-khira