Judgement

Appeal (No. 135 of 1927) from a decree of the High Court (May 13, 1925), reversing a decree of the Subordinate Judge of Dinajpur (March 29, 1923).

The appeal arose out of a suit by the appellant, the recently appointed mutawalli of a long established

Law. Rep. 57 Ind. App. 125 ( 1929- 1930) Mahammad Mazaffar-Al-Musavi V. Jabeda Khatun

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wakf, to recover khas possession of two mauzas from defendants, who claimed to be permanent tenants.

The material facts appear from the judgment of the Judicial Committee.

The Subordinate Judge made a decree for possession on the ground that a mutawalli could not grant a permanent lease, and the plaintiff was not bound by the acts of his predecessors.

On appeal to the High Court the decree was reversed. The learned judges (Greaves and Mukerji JJ.) held that as a mutawalli could make a permanent lease with the consent of the kazi or the Court, the alleged tenancy could have had a legal origin, and that in the circumstances of the present case the presumption was that it had a legal origin.

1929. Oct. 21, 22. De Gruyther K.C. and Kenworthy Brown for the appellant. It is well established that the grant of a permanent tenancy by a mutawalli is