AIR 1937 CALCUTTA 686

Calcutta High Court

Hon'ble Judge(s): B. K. Mukherjea , J

(A) Bengal Patni Regulation (8 of 1819) , S.11— Grant of mokrari right is incumbrance within meaning of S. 11 (i) - Subsequent purchaser of patni is not bound by it unless tenant brings his case within exception under S. 11 (iii). The grant of mokrari right is in substance an assignment or parting of the right of increasing the rent which the patnidar undoubtedly has and to that extent deprecistes the value of the patni. It is therefore an incumbrance within the meaning of S. 11, Cl. (i) of the Patni Regulation and a subsequent purchaser at a patni sale is not bound by it as it extinguishes after the patni sale, @page-Cal687 unless the tenant brings his case within the exception contained in Cl. (in) of S. 11 of the Regulation: 37 Cal 322 and 13 W R 4,10, Rel. on ; 21 Cal 702, Disting.(Para 688C2) (B) Bengal Patni Regulation (8 of 1819) , S.11(iii)— Khudkhast raiyat and settled raiyat, distinction between - Persons recorded as settled raiyat having mokrari rights under patta from patnidar-Persons cannot become khudkhast raiyat unless they show that they are resident and hereditary cultivators. A settled raiyat is not necessarily a khudkhast raiyat. The essential thing in the khudkhast raiyat is tha....