9911796707
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Issues:
Title to certain jummas and possession of lands claimed by Plaintiff based on purchase from Defendants | Denial of hereditary character of tenure, invariable rent, and purchase by Appellant | Allegations of sale, surrender, and hereditary tenure by Defendants | Legal property rights of Sebait as Manager of religious endowment | Validity of sale established by lower courts | Existence of tenure at fixed invariable rent disputed | Interpretation of Baboo Prosonoo Koomar Tagore's case | Lack of proof for jummas held at fixed invariable rent | Doubt raised due to fabricated evidence and fraud in tampering with documents | Conclusion on Plaintiff's title to possession and recommendation for dismissal of Respondent's suit. Analysis: The judgment pertains to an appeal heard ex parte before the Privy Council involving a suit brought in the Civil Court of Jessore by the Plaintiff to establish a title to certain jummas and recover possession of lands claimed by purchase from Defendants. The Appellant, representing the interests of an infant as Guardian, denied the hereditary character of the tenure, invariable rent, and the purchase itself. The jummas were claimed as hereditary and held at a fixed invariable rent, which was disputed by the Appellant based on surrender by the Tenants. The Sebait was considered the Manager of a religious endowment with limitations on alienating the property. The lower courts affirmed the sale to the Plaintiff but the issue of tenure at fixed rent was the focus of the appeal. The Appellant argued the necessity of Zemindar or Talookdar's consent for transfer of the tenure, citing legal precedents. However, the Judges in both lower courts determined the tenure as one at a fixed rent, not requiring the superior's consent for transfer. The Privy Council refrained from expressing a definitive opinion on the vendible character without the superior's consent due to modern and local usage complexities. The judgment emphasized the importance of not deciding significant legal questions in an ex parte appeal unless crucial to the case. The Privy Council found no satisfactory proof that the jummas were held at a fixed invariable rent. The nature of the Sebait title and legal restrictions on creating fixed rents were highlighted. Doubt was cast on the authenticity of evidence due to fabricated signatures and tampering with documents. The judgment concluded that the tenure at a fixed rent was not proven, leading to the dismissal of the Respondent's suit and awarding costs to the Appellant. The Plaintiff was advised to establish a valid claim based on mouroosee title at a variable rent through a separate suit, emphasizing the need for clarity on the nature of the tenure before asserting possession rights.
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