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.