KASHI KURMI Vs. CHANDI KURMI

JUDGEMENT

(1.) This is a defendants' appeal under Section 12 (2) of the Oudh Courts Act read with the U. P. High Courts (Amalgamation) Order, 1948.

(2.) The plaintiff and defendant No. 8 were the sub-tenants of a pahi tenant, Hasan Raza. Hasan Raza died in the year 1931. He left a daughter who was impleaded as defendant No. 6 and a son who was impleaded as defendant No. 5 to the suit. After the death of Hasan Raza, his heirs were entitled to remain in possession for the unexpired period of ten years which was the period for winch the tenancy was deemed to exist under Section 36 of the Oudh Rent Act. The lower appellate Court has held that the 10 years expired in 1342 Fasli which corresponds to 1934-35. The heirs of Hasan Raza, therefore, were entitled to remain in possession of the property till 1934-35. In the year 1942, the landlord, who is defendant No. 7 to this action, filed proceedings under Sections 87 and 83 of the U. P. Tenancy Act (No. 17 of 1939) intimating that he wished to treat the holding as abandoned. On 20-11-1942 the objections filed by defendant No. 5, the son, were dismissed and the landlord entered into pas-session and on the 21st of February, 1944, he let out the plots to defendants 1 to 4. The plaintiff then filed the suit out of which this appeal has arisen against defendants 1 to 4, who were the main contesting defendants, and also impleaded defendants Nos. 5 and 6, son and daughter of Hasan Raza, and defendant No. 7, who was the landlord, and also impleaded as pro forma defendant, defendant No. 8 who it was said was also a sub-tenant along with the plaintiff.

(3.) The suit was contested by the defendants who pleaded that abandonment proceedings having been taken against the tenant the subtenants could not claim any right to remain in possession. Other objections were also taken which it is not necessary for us here to discuss.