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MOOKERJEE, CARNDUFF
Bejoy Chand Mahatap Bahadur Zemindar – Appellant
Versus
P. K. Mozumdar--Patnidar – Respondent
JUDGMENT
1. This is an appeal on behalf of the zemindar in a case for apportionment of compensation awarded under the Land Acquisition Act. It appears that under the zemindar, was the patnidar (the present respondent) and under the latter, were two raiyats in occupation of the land. The Collector by his award made on the 28th August 1906 apportioned the entire compensation money between the raiyats on the one hand and the superior landlords, that is the zemindar and patnidar, on the other. He stated expressly that these two: landlords were allowed jointly twenty years' purchase of the raiyati jama of Rs. 1-9, i.e., Rs. 33-12-5. The patnidar thereupon applied for a reference to the Civil Court u/s 18 of the Land Acquisition Act, on the ground that the raiyats ought to pay to their landlords jointly thirty times the annual rent. There was no similar application on behalf of the zemindar. When the matter came to be heard by the Civil Court the raiyats compromised the matter in dispute and agreed to pay to the landlords thirty times the annual rent. The question then arose as to the mode in which this sum should be apportioned between the two superior landlords, the zemindar and the pat
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