NARAIN Vs. GUR CHARAN LAL

JUDGEMENT

(1.) One Mt. Rajeshwari filed a suit for maintenance against 6 sets of defendants out of whom we are concerned only with 5 sets in this appeal. These 5 sets of defendants were: (1) Jugal Kishore, (2) Sri Narain, Prem Narain and Jagat Narain, (3) Kali Prasad, Kali Fragana and Kali Nath, (4) Sheo Prasad, Durga Prasad and Brahma Narain and (5) Rameshwar Prasad, Raj Narain, Ram Narain and Mahraj Narain. Mt. Rajeshwari's suit was decreed in the year 1924 against all the 6 sets of defendants and the amount of the decree was made a charge on the immovable property belonging to all of them. The whole amount in respect of the decree was realised by Mt. Rajeshwari from Jugal Kishore alone. Jugal Kishore obtained a suit for contribution against the remaining sets of defendants and obtained a preliminary decree on and December 1930. In this decree the amount due from sets Nos. 2 to 6 was shown separately from the amount due from set No. 6. The final decree in Jugal Kishore's suit was passed on 8th November 1932.

(2.) Subsequently another suit was brought by Mt. Rajeshwari for further maintenance and she obtained a decree against the same sets of defendants on 14th November 1933. Again the whole amount was realised by her from Jugal Kishore alone. Jugal Kishore could not bring a suit for contribution in respect of the amount paid by him to Mt. Rajeshwari in respect of the second suit.

(3.) In the year 1934 two sets of defendants, viz., sets Nos. 4 and 5 filed applications under the Encumbered Estates Act. In both these Encumbered Estates Act proceedings Jugal Kishore filed claims in respect of the amount due to him in the final decree obtained on 5th November 1932 as well as the amount due to him in respect of the payment made by him to Mt. Rajeshwari in her second suit. All the non-applicants, from whom the amounts were due to Jugal Kishore in respect of the decree and subsequent payment made to Mt. Rajeshwari, were made parties to these proceedings in order that the debts may be apportioned between the landlords applicants and the non-applicants in accordance with Section 9, Encumbered Estates Act. The Encumbered Estates Act proceedings instituted by set No. 4 were before the Special Judge, first grade, Unao, whereas proceedings by set No. 5 were instituted before the Special Judge, second grade, Unao. Since the question of apportionment of the same claim was involved in both these proceedings under the Encumbered Estates Act, the proceedings pending before the Special Judge, second grade, Unao, were transferred by the District Judge to the Special Judge, first grade, Unao, who thereupon dealt with both the proceedings. The Special Judge recorded all the proceedings in the case that had been instituted by set No. 4 and gave detailed calculations and findings in that case. On the basis of those calculations, he apportioned the joint debt of Jugal Kishore between the landlords applicants, i. e. set No. 4 and the remaining debtors from whom he was entitled to contribution. In the other proceedings instituted by set No. 5 apportionment was similarly made between the landlords applicants, i. e. set No. 5 and the other non-applicants, but in these proceedings detailed calculations were not made afresh, and the calculations made in the proceedings instituted on the application of set No. 4 were considered. In apportioning the debts the Special Judge., worked out a consolidated amount due from the landlords-applicants in each proceedings, to Jugal Kishore in respect of the amount for which he had obtained a decree in 1932 as well as in respect of the undecreed amount which was due to him because of the payment made by him to Mt. Rajeshwari under her decree obtained on 14th November 1933. Similarly a consolidated amount due from the applicants and the nonapplicants was also worked out in the case instituted by set No. 5. The proceedings under the Encumbered Estates Act instituted on the application of set No. 4 were quashed on 5th May 1944. This was ordered after the apportionment of the joint debt of Jugal Kishore had been made between the applicants and the non-applicants in these proceedings also.