SOBHA NATH Vs. RAM BARAN

JUDGEMENT

(1.) THIS is a second appeal which has been referred to us by one of us sitting singly and before whom the appeal originally came up for hearing as it appeared that the authorities on the points of law involved in this case were not all clear and consistent.

(2.) THE appeal arises out of a suit for possession instituted by one Ram Baran against Sobha Nath and Bam Bilas on the allegations that Ram Baran and Ram Bilas, defendant No. 2, were joint tenants of plot No. 958, having an area of 9 biswas, situate in village Kakrapur, district Paizabad and that defendant No. 1 was a licensee on behalf of the plaintiff and defendant No. 2. This licence was, according to the plaintiff, revoked in 1353 Fasli but defendant No. 1 did not relinquish the land. The plaintiff also claimed a sum of Rs. 15/- as damages.

(3.) DEFENDANT No. 1 contested the suit mainly on the ground that it was he who was the tenant of the land and that the plaintiff or defendant No. 2 were not the tenants. An issue of tenancy was framed and was then referred to the revenue court for a finding. The revenue court held that the plaintiff and defendant No. 2 were not the tenants. On receipt of this finding the learned Munsif dismissed the suit on the 9-10-1946.