AIR 1917 PATNA 474 ::(1917) 2 Pat LJ 151 ::(1916) 1 Pat LW 229

Patna High Court

Hon'ble Judge(s): Chapman, Roe , JJ

(A) Bengal Tenancy Act (8 of 1885) , S.88— Entry in thikadar's papers showing alteration in area of holding and apportionment of rent on new holding-Alteration is binding on zamindar. Per Roe, J.-In the absence of collusion between a thikadar and the tenants an entry in the thikadar's papers showing an alteration in the area of a holding and an apportionment of rent on the new holding amounts, under the proviso to S. 88, Ben, Ten. Act, to an express consent by the thikadar to such alteration-which is binding on the zamindar. (B) Bengal Tenancy Act (8 of 1885) , S.88— Thikadar can sanction sub-division of holding or consolidation of two holdings-Zamindar is bound by the transaction. Per Chapman, J.-Unless the authority of a thikadar is restricted expressly by contract or by the act of the zamindar or by the custom of the country, he is authorized in good faith to sanction the sub-division of a holding or the consolidation of two holdings into one, and the zamindar cannot subsequently refuse to acknowledge the transaction: .....