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Kumar Chandra Singh Dudhoria and Others Vs. Midnapore Zemindary Co. Lt ...

Court : Privy Council

..... 1, bengal alluvial land settlement act, 1858 (act 31 of 1858), the revenue authorities decided to assess and settle it as a separate ..... 3653 consists of alluvial land situated on the bank of the ganges in an old bed of the river mathabanga formed prior to ..... 103a, or by an omission to settle a rent for entry in such settlement rent-roll, may institute a suit in the civil court which would have jurisdiction to entertain a suit for the possession of the land to which the entry relates or in respect of which the omission was ..... , the contention that although the lands in question were added land, and therefore rightly dealt with by the settlement officer, they were not by reason of the special stipulation in their patni patta liable to any further ..... in the view that their lordships take as to the appellants' contention based on the bengal tenancy act, it becomes unnecessary to consider this plea of res judicata, and their lordships therefore express no opinion of the questions raised in relation thereto, but they desire to express their dissent from the view stated by the ..... . (d) relates to an order made "where a settlement of land-revenue is being or is about to be made in respect of the local area, estate or tenure or of the ..... in every case in which a settlement of land revenue is being, or about to be made, the revenue officer shall, after publication of the draft of the record of rights ..... title suit of 1922, which was occasioned by the settlement of the land in suit as a new touzi no. .....

Province of Bengal Vs. Commissioner for the Port of Calcutta and ors.

Court : Kolkata

Reported in : AIR1951Cal271,55CWN350

..... is that in 1930 assessment proceedings were commenced under the bengal tenancy act which has no application to the land; that by a letter dated 10-1-1933 the assistant settlement officer informed the plaintiffs that they have been recorded under the defendants 2-7 as occupiers but if they could prove that the land had been reclaimed by them at their cost, they would be recorded directly under the government and settlement would be made with them; that in spite of evidence ..... , were legally competent to make the agreement without any sanction of the proprietors, that the land in suit is wholly covered by the agreement and is spur land and not an alluvial accretion within the meaning of act ix [9] of 1847 and that the assessment made by the revenue authorities on the disputed lands is illegal, ultra vires, without jurisdiction, and opposed to the principles of justice, equity and good ..... was later extended to all land not included in the estates permanently settled, khas mahals and other estates in bengal, v de section 2, regulation ix [9] of 1825, section 2, act xxxi [31] of 1858, section 60, act xi [11] of 1859.50. ..... assessing authority did not take the necessary steps as prescribed by regulation ii [2] of 1819, act ix [9] of 1847 and act xxxi [31] of 1858, the second contention raised on behalf of the appellant accordingly fails.89. ..... if so, have the assessing authorities taken the necessary steps as provided for in regulation ii [2] of 1819, act ix [9] of 1847 and act xxxi [31] of 1858? .....

Saudamini Dassya and ors. Vs. Secretary of State for India in Council ...

Court : Kolkata

Reported in : 77Ind.Cas.707

..... section 1 of the bengal alluvial land settlement act (xxxi of 1858) is in the following terms.1. ..... 's rent-roll for the former jama of the original estate.if the proprietor or proprietors object to such on arrangement, or if the revenue authorities are of opinion that asettlement of the alluvial land cannot properly be made for the same term as the existing settlement of the original estate, the alluvial land shall be assessad and settled as a separate estate with a separate jama, and shall thenceforward be regarded and treated as in all respects separate from and independent of the original estate ..... section 3, which has been repealed by the repealing and amending act (i of 1903), provided that 'every separate settlement of alluvial land heretofore made shall be as good and effectual for the purposes specified in section 1 as the same would have been if made subsequently to the passing of act xxxi of 1858. ..... , whether the separate settlement be made with the proprietor or proprietors or the land be let in farm inconsequence of the refusal of the proprietor or proprietors to accept the terms of settlement.the separate settlement may be permanent, it the settlement of the original estate .....

Saudamini Dassya and ors. Vs. Secretary of State for India and ors.

Court : Kolkata

Reported in : AIR1924Cal197

..... section 1 of the bengal alluvial land settlement act (act xxxi of 1858) is in the following terms:1. ..... in the collector's rent-roll for the former jama of the original estate.if the proprietor or proprietors object to such an arrangement, or if the revenue-authorities are of opinion that a settlement of the alluvial land cannot properly be made for the same term as the existing settlement of the original estate, the alluvial land shall be assessed and settled as a separate estate with a separate jama, and shall thenceforward be regarded and treated as in all respects separate from and independent of the original ..... section 3, which has been repealed by the repealing and amending act (act i of 1903), provided that 'every separate settlement of alluvial land heretofore made shall be as good and effectual for the purposes specified in section 1 as the same would have been if made subsequently to the passing of act xxxi of 1858. ..... estate, whether the separate settlement be made with the proprietor or proprietors, or the land be let in farm in consequence of the refusal of the proprietor or proprietors to accept the terms of settlement.the separate settlement may be permanent, if the settlement of the original estate .....

Dhirendra Chandra Rai and ors. Vs. Nawab Khaja Habib-ullah and ors.

Court : Kolkata

Reported in : 87Ind.Cas.442

..... it is argued on behalf of the appellants that the plaintiffs were bound to give the extent and boundaries of the land in their suit for rent under section 148 of the bengal tenancy act, and as the accreted lands are an increment to the tenure the plaintiffs were bound to include those in their suit, and as they did not do so the suit ought to be ..... would appear that at any rule, so long as the plaintiffs are entitled to the lands by virtue of settlement from government, these would not constitute a separate tenure held by the defendants under the ..... the second paragraph is to the following effect; it shall be the duty of all officers making settlements of such lands...to ascertain and record all such rights according to the rules prescribed in regulation vii of 1822; and to determine whether any and what additional rent shall be payable by the person or persons entitled to any under-tenures ..... first, paragraph of that section leaves the rights of tinder-tenants as to alluvial land under clause (1), section 4 of regulation xi of 1825 unaffected. ..... the bengal tenancy act, the diara officer will ascertain the record of rights' of under-tenants under regulation vii of 1822 read with section 2 of act xxxi of 1858.... ..... of the bengal survey and settlement manual, 1917, may also be referred to in ..... the learned vakil for the respondents relies upon the provisions of section 2 of act xxxi of 1858 and contends that the tenant is bound to pay the rent determined by the revenue authorities under that .....

Radha Nath Dutta and ors. Vs. Chandra Kumar Dutt and ors.

Court : Kolkata

Reported in : AIR1926Cal523,91Ind.Cas.718

..... by section 2 of the bengal alluvion land settlement act of 1858 (act xxxi of 1858), it is provided that nothing contained in the preceding section shall affect the rights of any under-tenant in any alluvial land and officers making settlements of such land are enjoined to ascertain and record all such rights and to determine whether any and what additional rent is payable by any under tenure-holder. ..... the previous section (section 1) provides for adding the new assessment on the proprietor to the jama of the original estate or if the proprietor objects to this for settlement of the alluvial land as a separate estate with a separate jama with the proprietor if he is willing to accept settlement or 'in farm' if he objects to accept settlement. ..... section 3 of this act provides for the local revenue authorities taking immediate possession of any island thrown up in a large and navigable river liable to be taken possession of by government and for assessment and settlement of the land and the section further provides that any party aggrieved by the revenue authorities taking possession shall be at liberty to contest the same by a regular suit in the civil court. ..... these were superseded by the bengal alluvion and diluvion act of 1847 (act ix of 1847) and it is not necessary to refer to them.5. ..... the last act to which reference is necessary is the bengal alluvion amendment act of 1868 (act iv of 1868).6. .....

Monohar Kaibarta and ors. Vs. Jagadish Chandra Banerjee and ors.

Court : Kolkata

Reported in : AIR1942Cal357

..... connection drawn our attention to the provisions of section 2 of bengal act 31 of 1858 (the bengal alluvion land settlement act). ..... was not necessary to refer to clause (3), section 4 of regulation 11 of 1825 in section 2, bengal alluvion land settlement act. ..... down that nothing in the preceding section shall affect the rights of an under tenant in any alluvial land under the provisions of clause (1), section 4, regulation 11 of 1825. mr. ..... chakravarty has further attacked the finding arrived at by the courts below that the intervening channel between the disputed char and the main land was fordable and his contention is that in coming to this finding the courts below did not advert to or consider the essential ..... section 1 of the act provides that in case of land added by alluvial accession to an estate paying revenue to government, the revenue assessed upon the alluvial lands may be added to the jama of the original estate by an agreement between the proprietor and the revenue authorities; and if there is no such agreement or if the revenue authorities decide otherwise it may be settled as a separate ..... is true that island chars with fordable channels are assessed to revenue in the same way as alluvial accretions but that is because they are regarded as accessions by reason of the express words used ..... section 1 of this act contemplates only alluvial accessions which are dealt with under clause (1) of section 4 of regulation 11 of 1825 and it does not speak of any island char formed on .....

Radha Kant Aich and anr. Vs. the Sectery of State for India in Council

Court : Kolkata

Reported in : AIR1919Cal281,50Ind.Cas.94

..... to be followed in making settlement of alluvial lands (so far as regards the persons with whom lands are to be settled and the term of settlement and such other matters) is not provided for in any other portion of act xxxi of 1858 or elsewhere, we think that the provisions of section 3 of regulation vii of 1822 apply to alluvial lands, and if the provisions of section 3 of regulation vii of 1822, relating to the letting in farm for a term of years or holding the land in khas, be held applicable to settlement of land added by alluvial accretion, there is no reason ..... no doubt the regulation was originally passed with reference to the ceded and conquered provinces, and section 3 had reference to estates let in farm or held khas at that time, but the regulation was extended to the bengal presidency by regulation ix of 1825 and there does not appear to be any object in extending section 2, clause (6), and the thirty-three 'following sections of the regulation (section 3 was not excepted) to this presidency, if it ..... the present settlement proceedings were commenced under chapter x of the bengal tenancy act towards the end of 1907, and in course of the proceedings the director of land records and the board of revenue made certain recommendations to the government, in consequence of which the notification dated the 5th september 1911 was issued by the government of astern bengal and assam, to the effect that as the revenue authorities had reported that the continuance of the sadar .....

Province of Bengal Vs. Midnapore Zamindari Co. Ltd. and ors.

Court : Kolkata

Reported in : AIR1945Cal341

..... the deara lands are resumed, the government for revenue purposes can follow one or other of the courses open to it under act 31 of 1858, and it can, as it has done in the present case, keep the accreted lands as a separate temporarily settled estate and make periodical settlements from ..... the amendment of 1928, is an amalgamation of sections 191 and 192 of the old act and it provides inter alia that in case of lands situated in an estate not subject to permanent settlement when an assessment or revision of land revenue is made it would be open to the revenue officer notwithstanding anything in the contract between the parties entered into after the passing of the bengal tenancy act to fix a fair and equitable rent for all grades of tenants in accordance ..... the plaintiff was proprietor to the extent of two-thirds share of certain alluvial lands which was resumed by the government in 1903 and settled with ..... it will be seen that the contract was prior to the bengal tenancy act and the learned judges did not say that section 192 of the act, prevented the settlement authorities from fixing rents in violation of the terms of ..... . it is a matter of frequent occurrence in bengal that, before any revenue settlement is made in respect of alluvial accretions to a permanently settled estate, the proprietor has granted a permanent mukurrari lease of all lands in his possession including the deara lands of which he is undoubtedly the proprietor but with regard to which the government has the .....

Dhirendra Chandra Rai and ors. Vs. Nawab Khaja Habibullah and ors.

Court : Kolkata

Reported in : AIR1925Cal758

..... it is argued on behalf of the appellants that the plaintiffs were bound to give the extent and boundaries of the land in their suit for rant under section 148 of the bengal tenancy act and as the accreted lands are an increment to the tenure the plaintiffs were bound to include those in their suit and as they did not do so the suit ought to be ..... paragraph is to the following effect: it shall be the duty of all officers making settlements of such lands...to ascertain and record all such rights according to the rules prescribed in reg. ..... would appear that at any rate, so long as the plaintiffs are entitled to the lands by virtue of settlement from government these would not constitute a separate tenure held by the defendants under the plaintiffs ..... first paragraph of that section leaves the rights of under-tenants as to alluvial land under clause (1), section 4 of reg. ..... paragraph of that clause which referred to the liability of the under-tenant for payment of increase of rent has been repealed by the bengal tenancy act and section 52 of that act has made provisions for increase of rent for increase of area. ..... the learned vakil for the respondents relies upon the provisions of section 2 of act xxxi of 1858 and contends that the tenant is bound to pay the rent determined by the revenue authorities under that ..... vii of 1822 read with section 2 of act xxxi of 1858....the rights of under-tenants ascertained as above will not be affected by the nature of the arrangement made by government with .....