Judgement

Appeal (No. 63 of 1930) from a decree of the High Court (April 22, 1929) which reversed a decree of the first Subordinate Judge of Chrttagong (February 14, 1927).

Law Rep. 58 Ind. App. 440 ( 1930- 1931) Turner Morrison and C ompany, Limited V. Monmohan C howdhury 214

The respondent sued to eject the appellants from plots of land forming part of a revenue paying estate. The respondents predecessor in title had bought the estate in 1913 at a sale for arrears of revenue. The appellants predecessors had acquired the right to possession of the plots by purchase in 1904, and held as tenants of a talukdar subordinate to the zamindar. They used the plots for manufacturing purposes. The existence of the taluk was denied by the respondent but was found concurrently. In the record-of-rights prepared in 1898 most of the plots were recorded as being in the possession of raiyats.

The rights of the parties depended upon s. 37 of the Bengal Land Revenue Sales Act, 1859, which is set out in the judgment of the Judicial Committee; the facts are there more fully stated.

The Subordinate Judge dismissed the suit mainly on the ground that the taluk was an under-tenure within s. 37 of the Act o