KAILASH PAT Vs. GOSWAMI BRIJ GOPAL

JUDGEMENT

(1.) This is a defendant's appeal in a suit for cancellation of a lease dated 8th May 1911, granted by one Lalta Prasad to the defendant-appellant. There was also a relief for possession.

(2.) The lease covered two plots, forming part of Khewat No. 26/1 of mahal Kalan Bangar in Bindraban, district Mathura, and it was for building purposes. Rs. 1,000 were paid under the lease as premium, and an annual rent of Rs. 10 was made payable by the lessee.

(3.) The plaintiff, a co-sharer in the plots, brought the suit for cancellation of the lease on the ground that Lalta Prasad, another co-sharer, had no right to grant it without the consent or authority of the remaining co-sharers. It is admitted that there are about seventy co-sharers, out of whom twenty-nine appear to have attested the deed of lease. It was the defendant's case that twenty, one out of the remaining co-sharers had received portions of the amount of the premium paid by the lessee.