THAKUR RUDRESWARI PRASAD SINHA versus SRIMATI RANI PROBHABHATI AND OTHERS

THAKUR RUDRESWARI PRASAD SINHA versus SRIMATI RANI PROBHABHATI AND OTHERS

Taluk Kakwara was a Zamindari Ghatwali under the Raja of Kharakpur, not a Government Ghatwali, and was therefore alienable with the consent of the Zamindar; the appellant's objection to sale was rightly overruled.

Parties
Appellant: Thakur Rudreshwari Prasad Sinha; Respondents: Srimati Rani Probhabhati and Others
Jurisdiction
India
Judgment Date
26 October 1951
Procedural Posture
Civil Appeal / Appeal From Judgment of Patna High Court Dated 22nd November, 1944, Arising Out of Order Dated 13th July, 1940, by Subordinate Judge, Bhagalpur; Transferred From Privy Council to Supreme Court
Outcome
Appeal dismissed with costs.
Legal Topics
Ghatwali Tenures, Alienability of Zamindari Ghatwalis, Execution of Decree Against Tenure Lands
Property Law Tenure Law Ghatwali Tenures Alienability of Zamindari Ghatwalis Execution of Decree Against Tenure Lands

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Parties

Thakur Rudreshwari Prasad Sinha

Appellant

Srimati Rani Probhabhati and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment of Patna High Court Dated 22nd November, 1944, Arising Out of Order Dated 13th July, 1940, by Subordinate Judge, Bhagalpur; Transferred From Privy Council to Supreme Court

Legal Issues

  1. 1 Whether Taluk Kakwara is a Zamindari Ghatwali or a Government Ghatwali tenure
  2. 2 Whether Taluk Kakwara is alienable and liable to sale in execution of a money decree

Ratio Decidendi

Taluk Kakwara was a Zamindari Ghatwali under the Raja of Kharakpur, not a Government Ghatwali, and was therefore alienable with the consent of the Zamindar; the appellant's objection to sale was rightly overruled.

Court Disposition

Appeal dismissed with costs.

Orders

  • Taluk Kakwara is Zamindari Ghatwali and alienable with consent of Zamindar; order of High Court affirmed.