Shaw Khairuddin Ahmed vs Sheikh Abdul Baki

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1869 Supreme(Cal) 103

Shaw Khairuddin Ahmed – Appellant
Versus
Sheikh Abdul Baki – Respondent

JUDGMENT

Glover, J. - This was a suit for enhancement of rent after notice. Both plaintiff and defendant are co-sharers in the same village. In 1848 a batwara was effected by which the defendant's dwelling-house was included in the plaintiffs' share of the village, and the Collector, under the provisions of section 9, Regulation XIX of 1814, directed that this, together with seven bigas of adjacent land, should be retained by the defendant on his paying the plaintiff a yearly rent of three rupees a biga, and this arrangement was duly entered in the batwara papers. The plaintiffs now seek to enhance this rate of three rupees a biga up to rupees 6 the usual rate, on this ground amongst others, that the Regulation only refers to land immediately adjacent to a house, and not to large fields, which are moreover cultivated by the defendant as a ryot. The Assistant Collector thought that the plaintiff was entitled to enhance, but gave no decree, holding that the Revenue Courts had no jurisdiction. The Judge, on appeal, thought that the case was cognizable by the Collector, but that the rate, fixed by the Collector on the batwara proceedings, was conclusive so far as the Revenue Courts were

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