TMI Blog1869 (12) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... ndants, Mahomedan Ladies, who descended from one Gouromohun Biswas, a Hindoo, on whom, as the Plaintiff avers, the right to the jummas transferred to him was originally conferred. 2. The present Appellant represents the interests as Guardian of her infant, which, at the commencement of the litigation, were represented by the Maharanee Kestomonee Debia, since deceased, his Grandmother, appointed his Guardian under the direction of his deceased Father. The tenure, whatever its strict character, whether ryotwari or of a higher degree, is one held under the infant's title, as superior Owner of the lands. 3. The jummas were claimed by the Plaintiff as mouroosee (hereditary), and also as held at a fixed invariable rent. 4. The Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e alleged surrender. 11. Into the sufficiency of the evidence to support those several findings, their Lordships do not propose to inquire; their judgment on this appeal will be confined to the question, whether a tenure held at a fixed invariable rent has been established by the evidence. 12. The Appellant insisted on the authority of Baboo Prosonoo Koomar Tagore's case (11th January, 1855), which she quoted in her answer, and which was relied on in argument at the Bar, that a transfer of such a tenure as that set up in his case, which she termed a Ryotwari tenure, could not be effected without the consent of the Zemindar, or Talookdar, as the case might be, the immediate successor in estate. The Judges in both Courts decided tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the mere naming a sum certain in connexion with the grant of a descendible tenure does not impart of itself fixity to that sum, in the absence of positive words, or of other evidence to show that such was the original design. In this case we start with a double presumption against the rent having been fixed, viz., that founded on the ordinary character of rents, and that derivable from the special character of the tenure. Another presumption arises in this case, that the rent was variable, from the circumstance that the only instrument which asserts positively that the jummas were to be at a fixed rent, is one of the three documents on which the signature of Mr. Skinner, the Magistrate, was fabricated. This fraud, in tampering with eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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