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1942 Supreme(Cal) 11

R. C. MITTER, BISWAS
Jatis Chandra Pal Choudhury – Appellant
Versus
Kshirode Kumar Pramanick, Manager to estate of Hari Bangsha Pal Choudhury – Respondent


JUDGMENT

R.C. Mitter, J. - One Umesh Chandra Pal Chowdhury was the proprietor of two revenue paying estates, Mahal Taraf Munshipur and Mahal Dihi Rajapore, which are numbered 336 and 441 in the register of the Collector of the District of Nadia. On 26th February 1848, he granted a patni taluk of the said estates to two brothers, Pran Krishna and Nobo Krishna Pal Chowdhury, in the benami of one Shambhu Chandra Sinha, reserving an annual rent of Rs. 26,001 which was payable in 12 monthly kists (Ex. QQQ n-29). In 1850 there was a partition between Pran Krishna and Nobo Kri. shna. The instrument of partition was executed on 1st February 1850 (Ex. 24, 11-43). At that partition Pran Krishna got 12 mouzas appertaining to Taraf Munshipur and seven mouzas of Dihi Rajapore as representing his 8 annas share in the aforesaid patni taluk, and Nobo Krishna got in his allotment the remaining mouzas, viz., 12 mouzas of Taraf Munshipur and ten mouzas of Dihi Rajapore. They agreed between them to pay the patni rent in equal shares. It is the common case of both the parties that the patni taluk was not split up into two at this time or by this partition among the patnidars.

2. The mouzas of the patni t

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