Krishna Kinkar Dutta v. Mahanto Bhagaban Das and Susar Moyi Debi
1907-11-12
body1907
DigiLaw.ai
JUDGMENT 1. The main question argued before us refers to the construction to be put on the last words of see. 51 of Act VI (B. C.) of 1870. Under sec. 50 of the Act, the Collector is authorized to make a transfer of resumed chowkidari land to the zemindar. Sec. 51 says that the transfer shall be subject to the amount of assessment mentioned in the deed of transfer which is to be in the form prescribed in Sch. C of the Act and "subject to all contracts heretofore made in respect of, under, or by virtue of, which any person other than the zemindar may have any right to any land, portion of his estate or tenure, in the place in which such land may be situate." The contention before us is that the words quoted above reserve the rights created by the chowkidar whose land is resumed in favour of a third person. We are of opinion that this contention is not sustainable. The words evidently refer to a contract made by the zemindar in respect of the village in which the chowkidari land or any portion of it is situate. This has been the view taken in a series of cases decided by this Court and the form as given in Sch. C conforms with the view that has been taken in these cases. The last words of the form are " subject to all contracts binding the said-in respect of any lands, portion of the said-situated within the said village." The section evidently refers to contracta in the nature of putnis or mokuraris created by the zemindar himself in favour of third persons. If the transfer is made to the zemindar and the zemindar has already granted a sub-lease of the entire village including the chowkidari land, the sub-lessee would be entitled to the benefit of the transfer made by the Collector under the Act. It would go against the principle of the Act itself and the well-known status of chowkidars if we are to hold that the rights created by the chowkidar would subsist notwithstanding the transfer by the Collector by virtue of the provisions contained in seo. 51 of the Act. A chowkidar is in possession of chowkidari land for the purpose of certain services and his interest is limited to the period during which he serves the estate or the zemindar.
51 of the Act. A chowkidar is in possession of chowkidari land for the purpose of certain services and his interest is limited to the period during which he serves the estate or the zemindar. As soon as his service ceases, his right to the land ceases. The grantor ceasing to have right in the land, the grantee must necessarily cease to have right under any grant made by the grantor. 2. We are, therefore, of opinion that, both on principle and on the construction of sec. 51 of Act VI (B. C.) of 1870, leases created by the chowkidar must be held to have ceased upon the transfer by the Collector of the laud to the zemindar. Our judgment with respect to this point will cover both the plots A and B which are the subject of dispute in this case. As regards plot A, a further contention has been raised, namely, that the Magistrate of the district having granted a lease for 25 years in favour of the Appellants, they are entitled to rely on that lease in any suit for ejectment by the transferee from the Government. It does not however appear that the Magistrate or the Collector had any power to grant such a lease and it would seem from the wording of the lease itself that the Magistrate or the Collector intended to act on behalf of the chowkidar. If that is so, the grant of a lease by the Magistrate or the Collector could not be of any use as against the transferee. The Magistrate or the Collector stood in the same position as the chowkidar himself. And then again if the lease be considered as one created by the chowkidar, himself, the lease is void for non registration inasmuch as it was executed after the Transfer of Property Act came into force. For these reasons, we are of opinion that this appeal must fail and It is accordingly dismissed with costs.