LAKSHMINARAYAN UPADYA Vs. NARASIMHA UPADHYA

JUDGEMENT

(1.) This appeal is presented by a landlord from a decree made by the District Judge of South Kanara, in appeal, by which ho modified the decree made by the District Munsiff, in his favour.

(2.) The suit out of which this appeal arises was brought by the plaintiff for recovery of a sum of Rs. 41-13-0, which consisted of the arrears of rent, the enhanced assessment and the interest thereon due from his tenant defendant 1. It is admitted that there was a mulgeni lease granted to defendant 1 by defendant 2 who was the yajaman of the family to which the land belonged, under exhibit A-1 on July 2, 1928.

(3.) On December 14, 1934, under Exhibit B-1, which was an award made between the members of the family of defendant 2 there was a partition between defendant 2 and his brother under which the land which was the subject-matter of the mul-geni lease was divided into two equal shares. De-fendant 2 got one of those shares and his brother Subbarayappa got the other. Plaintiff purchased Subbarayappa's share in that land on December 3, 1953.