High Courts(1896) 06 CAL CK 0011

Lala Surabh Narain Lal and Others vs Catherine Sophia and Others

Calcutta High Court · Decided on 12 June 1896

CASE NUMBER
Appeal from Appellate Decree No. 697 of 1895

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Judgment

2 paragraphs · 165 words
1.

It seems to us that the question whether the Parwangis which Mr. Justice Hill has held to be leases and to require registration are so or not is immaterial. The Plaintiffs are admittedly tenants of the land. They have been dispossessed and seek to receive possession. The question raised in the Lower Appellate Court was as to whether they were ordinary raiyats or held a service tenure. It was decided by the Sub-Judge that they were ordinary raiyats. The Parwangis throw no light on the subject, and there is ample evidence on the record on this point. Pattahs and Kabuliyats are no longer necessary. A tenant can prove his tenancy right without proving his lease, if he has one, and so, even if the Parwangis are leases and inadmissible for want of registration, this will in no way affect the Plaintiffs'' right to recover possession of the land.

2.

We therefore decree this appeal and restore the judgment of the Subordinate Judge with costs.