AIR 1920 CALCUTTA 553 ::(1919) 29 Cal LJ(79) 564 ::(1920) 24 Cal WN(81) 211 ::1920 (24) Cal WN 211 ::1919 (29) Cal LJ 564 ::(1919) 52 Ind Cas 673

Calcutta High Court

Hon'ble Judge(s): Chatterjea, Panton , JJ

Bengal Regulation (11 of 1825) , — Lease from Government in 1876 -Land submerged in same year and remained so till 1906 - No rent paid -On re-appearance possession taken by lessee -Zamindar claiming them as accretion -As land was re-formation in situ it could not be claimed as accretion -Lessee's rights held not subsisting but they could claim as lessees from Government - Landlord and Tenant. The defendants obtained a lease of certain land in 1876 from the Government, and in the same year the land was submerged in the river and re-appeared in 1906. During the period of submersion the defendants did not pay any rent, but when that land re-appeared, they took possession of it as re-formation in situ of land which they held under the lease and which had been submerged in the river. The plaintiffs claimed the land as accretion to their raiyati jote land: Held : (1) that as the land was re-formation insitu it could not be claimed by the plaintiffs as accretion to their raiyati jote land; (2) that, in the circumstances of the case, it was difficult to hold that the rights of the defendants were subsisting at the time when the land re-appeared. (3) that the Government, as owner of the khas mahal, was entitled to the land, and the defendants, professing to hold it as tenants under the Government and in assertion of the sa....