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september 1958

Supreme Court of India · 1958-09-18

RADHA SUNDAR DUTTA vs MOHD. JAHADUR RAHIM AND OTHERS

Citation / case number
SC 1954/90253
Court
Supreme Court of India
Petitioner
RADHA SUNDAR DUTTA
Respondent
MOHD. JAHADUR RAHIM AND OTHERS
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the grant of Chaukidari Chakaran lands by the Zamindar created a distinct Patni settlement, independent of the original Patni. The Court interpreted the provisions of the Bengal Patni Taluks Regulation, 1819, specifically Sections 8 and 14, and the Village Chaukidari Act, 1870, Sections 48, 50, and 51, to affirm that the intention of the parties was to treat the lands as a separate Patni. Consequently, the sale of these lands for arrears of rent was deemed valid, upholding the Zamindar's right to sell under the Regulation.

RADHA SUNDAR DUTTA vs MOHD. JAHADUR RAHIM AND OTHERS · Niyam