JAG NARAIN Vs. RAI ASHT BHUJA PRASAD

JUDGEMENT

(1.) The history of the property involved in this appeal will help in the proper understanding of the points raised.

(2.) Rai Udit Narain Singh, who owned village Karemwa. in the district of Rai Bareilly, died on 14-12-1889, & was succeeded by his widow, Thakurain Dhiraj Kuar. The lady granted permanent leases to a large number of persons, including one in favour of applts. 1 & 6, the predecessors of applts. 2 to 5. She died on 30-11-1934, & on 8-11-1935, Rai Samarjit Singh claiming as the next reversioner sued the lessees, including the aforementioned applts., for possession of the leased property on the ground that the widow had no authority to grant perpetual leases -- vide Ex. P. 3, the plaint. This suit was compromised -- vide Ex. P. 6. Rai Samarjit Singh was held to be the proprietor & the defts. were to remain in possession as tenants at a rent to be determined by a competent Court -- vide Ex. P. 1 decree & Ex. P. 4 judgment.

(3.) In accordance with this decision possession over the property was delivered to the D. H., who on 7-12-1937, instituted in the Court of Sub-Divisional Officer, Salon, district Rae Bareilly, a suit Under Section 32 B read with Section 108 (3a) & Under Section 108 (2), Oudh Rent Act, for assessment of rent & for arrears of rent for the year 1344F.