The Calcutta Law Journal Short Notes of Cases Articles and Other Matters 16th June 1905

937 ; 3 C. W. N. 742.) An ijaradar under one of several joint landlords collecting his share of the rents separately from the raiyats had obtained a decree against one of the raiyats for his share of the rent and in execution of the decree the occupancy holding of the mi) at was sold and was purchased by the respondent who was subsequently dispossessed from the holing by the appellants claiming [...] The learned judges having differed on the main question raised in the appeal the case was referred to Brett J. before whom it was not disputed that in such a suit the provisions of section 65 of the Bengal Tenancy Act would apply that the rent would be treated as a first charge on the tenure and therefore that the tenure itself could be sold in execution of the decree and this view seems to hav [...] 1. Held (Harington and Mitra JJ.)—the Maharaja of Hill Tipperah is a Sovereign Prince and au action against him for declaration _that the land in dispute is the lakheraj land of the Plaintiff and not the mal land of the defendant is not maintainable the consent of the Governor General in Council or of the Local Government not having been previously obtained under Sec. [...] Where a declaratory decree has been given by the Court of first instance it is not open to the lower Appellate Court or the High Court in second appeal to question the correctness of the decree on the ground that from the plaint itself apart from the written statement no hostility of the defendants to the plaintiff's claim was shown. [...] Held (Harington and Mookerjee JJ.)—When during the continuance of a patni the patnidar has been dispossessed of some lands the possession of the trespasser becomes adverse to the Zemindar when the latter purchases the property at a sale under the Patni Regulation ; and the Zemindar is consq aently entitled to sue in ejectment from the date of his purchase.