RAM LAKHAN LAL Vs. JAGDAMBIKA PRATAP NARAIN SINGH

JUDGEMENT

(1.) This is a co-debtor's appeal arising out of a suit tinder the Encumbered Estates Act proceedings.

(2.) Rudra Pratap Singh, respondent 2, made an application under Section 4, E. E. Act, on 18-4-1936. On the same date, the Collector transferred this application to the Special Judge under Section 6 of the Act. On 27-11-1936, the Court of Wards on behalf of Raja Jagdambika Pratap Narain Singh, respondent 1, preferred a claim for arrears of rent due to him as a superior proprietor against the applicant Rudra Pratap Singh who was an under-proprietor. Arrears claimed were of two villages, Jolahapur and Hariharpur Balia for the years 1338 to 1341F. The application of Rudra Pratap Singh was dismissed on the ground that he had not impleaded his sons and grandsons in his application. But it was later on restored. When it was restored, respondent l put in an-other claim claiming the sum due to him as had already been shown in the previous claim. Subsequently respondent 1 gave up his claim with regard to village Jolahapur and confined the claim with regard to village Hariharpur Balia only in respect of two years, 1340 and 1341P.

(3.) The applicant Rudra Pratap Singh had certain co-sharers in his under-proprietary right and one of them was Jangjit whose property had passed to Ram Lakhan Lal appellant under a foreclosure decree. Ram Lakhan's name was shown in the khewat as a co-sharer in the year 1343F.