ROOP KISHORE TANDON Vs. BRAJ KISHORE TANDON

JUDGEMENT

(1.) THESE two appeals arise out of two suits but the same question is involved in both of them and they may, therefore be disposed of by this judgment.

(2.) APPEAL No. 101 of 1946 arises out of a suit under Section 33, Agriculturists' Relief Act for accounting under a mortgage deed dated 9-7-1928, executed by Shrimati Rani Piari defendant-respondent 4 and her four sons, Onkar Nath, Brij Kishore, Shiam Kishore, defendants-respondents 1 to 3 and the plaintiff-appellant, Rup Kishore. The mortgagee was sukhan Lal, defendant-respondent 5 who transferred his mortgagee rights to Brij Kishore one of the mortgagors, arrayed as defendant-respondent No. 1. The plaintiff's case was that he was an agriculturist both at the date of the suit as well as at the date of the loan and therefore, he was entitled to sue for accounts under the Agriculturists' Relief Act.

(3.) THE defence was that the plaintiff was not an agriculturist on the date of the loan.