1886 (7) TMI 1 - Other - Indian Laws

Summary

Issues Involved:

1. Right of Bohu Begum in the estate leased.
2. Whether the suit is barred by the law of limitation.
3. Real ownership of the property in dispute.
4. Possession and receipt of rents with reference to the law of limitation.
5. Validity of reconveyance of the one anna share.
6. Liability for rent reserved by the mokurari pottas.

Detailed Analysis:

1. Right of Bohu Begum in the estate leased:

The primary issue in the suit and appeal was the right of Bohu Begum in the estate leased. On the 14th of June 1875, Rampersad purchased a share of the mehal Bisthazari at a sale for arrears of Government revenue. Imambandi Begum claimed an encumbrance on the estate by virtue of two mokurari pottas executed in 1866. The court examined the history of the property, which originally belonged to Abdur Rahman and Mokim Khan, and was purchased by their servant Najaf Ali in 1851. The court concluded that the real ownership of the property, after Abdur Rahman's death, remained with his legal heirs, and Bohu Begum was only a benamidar (nominal owner).

2. Whether the suit is barred by the law of limitation:

The cross-appeal questioned whether the suit was barred by the law of limitation. The court applied Article 144 in the second schedule of Act XV of 1877, which sets a 12-year limitation period from when the defendant's possession becomes adverse to the plaintiff. The court found no evidence of rent receipt by Isa Khan twelve years before the suit was instituted, thus concluding that the suit was not barred by the law of limitation.

3. Real ownership of the property in dispute:

The court examined the transactions following the deed of sale executed by Najaf Ali in 1861, which falsely stated that he purchased the property for Bohu Begum. The court found no evidence of payment by Bohu Begum and concluded that the mortgage was likely paid off from the estate's proceeds. The court determined that the real ownership remained with Abdur Rahman's heirs, and Bohu Begum was a benamidar.

4. Possession and receipt of rents with reference to the law of limitation:

The court analyzed the possession and receipt of rents, which is crucial in determining adverse possession. The Subordinate Judge and High Court found no payment of rent to Isa Khan until after April 1866. The court concluded that Isa Khan did not assume adverse possession until the end of 1869, thus the suit was not barred by the law of limitation.

5. Validity of reconveyance of the one anna share:

The High Court deducted one anna share from the one-fourth share decreed to Imambandi Begum, on the ground that there was no valid reconveyance. However, the court found that a formal reconveyance was unnecessary, as the receipt of Rs. 7,000 and relinquishment of possession by Raja Ram Narain to Imambandi or her lessors was sufficient to make it subject to the lease and give a title against Rampersad Das.

6. Liability for rent reserved by the mokurari pottas:

The High Court decreed that Imambandi Begum, although entitled to recover only a one-fourth share, was bound to pay the whole of the rent reserved by the mokurari pottas. The court found that the question of rent apportionment was not raised and should not be decided in this suit. The condition requiring her to pay the whole rent was omitted from the decree, leaving the liability for rent to be determined later if necessary.

Conclusion:

The court advised varying the High Court's decree to decree Imambandi Begum to recover a share of 1 anna 13 gundas and 1 anna 11 gundas, respectively, instead of 13 gundas and 11 gundas. The condition requiring her to pay the whole mokurari rent was omitted. The parties were ordered to bear their own costs of the appeals and the application to file the cross-appeal.