VYASACHARYA MADHAVACHARYA Vs. DAJI BABA

JUDGEMENT

(1.) THIS appeal arises out of a darkhast in which the decree-holders claimed to recover Rs. 1,717-13-0 as the balance out of the rent due to them for ten years 1926-27 to 1936-37. The decree . sought to be executed was passed in Suit No. 277 of 1926 filed by the appellants to recover possession of their land from their tenants the respondents, or in the alternative for enhancement of the rent. It was held in that suit that the defendants were permanent tenants, but the rent was enhanced and they were ordered to pay Rs. 304 every year as enhanced rent. The appellants, therefore, sought to recover iq execution of the decree ten years' rent at that rate. Nine of the respondents put in various contentions, but they were all disallowed by the execution Court and the darkhast was ordered to proceed. But in appeal the learned District Judge raised a new point as to whether the decree was executable. He held that the decree was merely a declaratory decree declaring that the decree-holders, were entitled in future to get Rs. 304 as rent per year and that the decree didi not give them any right to claim the amount as it became due year after year in execution of the decree. On that ground he allowed /the appeal and dismissed the darkhast.

(2.) IT is now contended in this second appeal that the decree is not a merely declaratory decree, but it directs the defendants to pay Rs. 304 every year, and moreover as the decree was executed three times before, it is not open to the judgment-debtors to contend that the decree is not executable. The relevant clause in the decree runs as follows : The defendants do pay the plaintiff an enhanced rent of Rs. 304 per annum! in respect of the suit property from the date of suit.