MAHIPAL SINGH Vs. BHAGWAN DIN

JUDGEMENT

(1.) BHAGWAN Din, plaintiff, instituted the suit out of which this appeal- arises in the Court of the munsif, South Unnao, claiming that he was the sub-tenant of three plots of land in village hasnapur, in the district of Unnao, which the defendant Mahipal Singh held as tenant-in-chief from the 'taluqdar'. He claimed that his sub-tenancy was a permanent one under an agreement between the father of the defendant and the plaintiff and that a rent of Rs. 34/- had been reserved which he was paying. He further pleaded that the defendant had taken action under Section 175, u. P. Tenancy Act, and that this act cast a cloud on his title as a permanent sub-tenant, which had compelled him to institute the suit out of which this appeal arises for a declaration that the defendant is bound by the agreement entered into between the plaintiff and the defendant's father and for an injunction directing the defendant not to take proceedings under Section 175, U. P. Tenancy Act.

(2.) THE defence was a denial of the agreement and a plea that the agreement was contrary to the provisions of the law and as such void and ineffectual. It was also pleaded that the Court had no jurisdiction to try the suit.

(3.) THE learned Munsif framed three issues, the first of which was to try the question whether there was contract as alleged, the second was as to jurisdiction and the third as to relief.