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Sanoman Singh and anr. Vs. Ram Autar Singh and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in(1900)ILR27Cal167
AppellantSanoman Singh and anr.
RespondentRam Autar Singh and anr.
Cases ReferredGokhul Sahu v. Jodu Nundun Roy
Excerpt:
jurisdiction of civil court - bengal tenancy act (viii of 1885), sections 107 and 108--landlord and tenant--record of rights--decision of a revenue officer. - .....question of law that arises in this appeal is as regards the binding effect of the order of the revenue officer made under section 107 of the bengal tenancy act in respect of the rent of what is described in the proceedings in this case as the mourasi jote. the revenue officer, under the provisions of that section, determined that the jama payable for the said jote was rs. 29-1 anna. this determination, according to section 107, has the force and effect of a decree of a civil court in a suit between the parties. that section, as also section 108 of the act, lay down how a decision of a revenue officer may be questioned or set aside; and when the decision of the revenue officer with which we are concerned was not set aside, by appeal or otherwise, it must be taken that his.....
Judgment:

Ghose and Stevens, JJ.

1. The learned Vakil for the appellant has very fairly stated his case; but it appears to us that there is really no ground for our interference with the judgment of the Court below.

2. The only question of law that arises in this appeal is as regards the binding effect of the order of the Revenue Officer made under Section 107 of the Bengal Tenancy Act in respect of the rent of what is described in the proceedings in this case as the mourasi jote. The Revenue Officer, under the provisions of that section, determined that the jama payable for the said jote was Rs. 29-1 anna. This determination, according to Section 107, has the force and effect of a decree of a Civil Court in a suit between the parties. That section, as also Section 108 of the Act, lay down how a decision of a Revenue Officer may be questioned or set aside; and when the decision of the Revenue Officer with which we are concerned was not set aside, by appeal or otherwise, it must be taken that his determination as to the jama payable for the jote in question is final. This is the view that was accepted by a Divisional Bench of this Court in the case of Joypal Dhobi v. Palukdhari Das (1898) 2 C.W.N., 491. (See also Gokhul Sahu v. Jodu Nundun Roy, I.L.R., 17 Cal., 721-Rep.), a view with which we concur.

3. As regards the rent of the other jamas, we think that the Appellate Court has come to a right conclusion, and so also as regards the plea of payment raised by the defendants.

4. Upon these grounds we think this appeal fails, and we dismiss it with costs.


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