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1909 Supreme(Cal) 468

H. Mathewson – Appellant
Versus
Sri Sri Ram Kanai Singh Deb – Respondent


JUDGMENT

Doss, J. - The suit out of which this appeal arises was brought by the plaintiff, who is proprietor of Pergunnah Barabhum in the District of Manbhoom, to recover khas possession of certain lands after cancellation of a mourasi mokarari lease (which for brevity's sake shall, hereafter, be referred to as "mokarari") executed in favour of defendant No. 1 by the manager under the Encumbered Instates Act, shortly before the estate was released to the plaintiff. The lease bears date, the 26th May 1903 and is for 241 bighas odd of which 222 bighas odd is situated in mauza Bara Bazar and 19 bighas odd in mauza Machar; and the annual rental for the same is its. 100. The circumstances under which this lease was executed are these:On the 27th February 1883, Raja Brojo Kishore Singh, the father of the plaintiff, in consideration of a loan of Its. 60,000 advanced to him by R. Watson and Co., gave them an ijara, lease for a period of 21 years, at an annual rental of Rs. 20,000 commencing from the beginning of the year 1290 Fuslee (which corresponds to the 28th September 1882) and terminating with the end of the year 1310 Fuslee (which corresponds to the 9th September 1903), of a large po

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