AIR 1937 PATNA 463

Patna High Court

Hon'ble Judge(s): Mohamad Noor , J

(A) Land Tenure - "Thica dwami' in Chota Nagpur- Nature and incidents of. The name 'thica dwami'in the Record of Rights in Chota Nagpur is given to a cultivating tenancy which partakes largely in its origin and develop merit of a raiyati character and is in fact a raiyati tenancy which has grown into a tenure:(Para 464C2) (B) Evidence Act (1 of 1872) , S.35, S.48, S.57(13), S.32— Chota Nagpur tenancy - 'Dwami thica' - Sifton's Settlement Report containing statement that 'dwami thicas' being in origin cultivating tenancies are by custom non transferable - Settlement report is admissible in evidence under Ss 35, 48, 57 (13) and 32 without examining author. Sifton's Settlement Report containing the statement that 'dwami thicas' being in their origin cultivating tenancies are by custom non transferable is admissible in evidence to prove the custom of non-transferability of the 'dwami thicas'. Firstly because his report being an official book is admissible under S. 35, Evidence Act, as the statements in report were made in discharge of the official duty. Secondly it is admissible under S. 48 as his opinion about the custom of non-transferability of 'dwami thica' is the opinion of an officer who made special enquiry into it and was likely to know t....