MAHABIR PRASAD Vs. ENAYAT ELAHI

JUDGEMENT

(1.) This is a deft.'s appeal arising out of a suit brought by the pltf.. resp. for recovery of a sum of Rs. 1000/- as value of mango fruits of a grove being the crop for 1351 Fasli. The case of the pltf.-resp. was that a lease of the crops of this grove was granted to one Riazuddin for five years, viz., 1347 to 1351 Fasli by one Baburam as Manager of a temple. The lessee rights of Riazuddin were acquired by the pltf.-resp. In 1351 F. inspite of the fact that these lessee rights still vested in the pltf.-resp. the crop had been removed by the deft.-applt. who claimed their title from Bhagwan Das, father of the deft.-applt. Consequently, the pltf.-resp. claimed the sum of Rs. 1000/- as the price of the fruits of the trees removed by the deft.-applt.

(2.) The applt. contested the suit denying that there was any valid lease in favour of Riazuddin under which rights could ultimately pass to the pltf.-resp. The case of the deft.-applt. was that, after Baburam, his father Bhagwan Das became the manager of the temple & Bhagwan Das, in his turn, entrusted the management of the temple to the applt. It was through Bhagwan Das & the applt. that the deft.-applt., who removed the crop, came into possession of the grove.

(3.) The lower appellate Ct. held that there was a valid lease in favour of Riazuddin by Baburam & under that lease, by subsequent transfers, the right of the lessee vested in the pltf.-resp. who was, therefore, entitled to claim the amount from the deft.applt.