KRISHNRAO Vs. DEORAO YESHWANTRAO

JUDGEMENT

(1.) BHASKARRAO and Gopalrao were two brothers. Bhaskarrao instituted a suit in the tehsil ot Shajapur (Revenue Suit No. 31/1994) on 26-8-38 under Section 325 of the Qanoon Maal against (1) Gopalrao (2) his Mukhtar Aam, Deorao and (3) his wife Ramabai. in that suit a decree for restoration of possession of agricultural land as also mesne profits at Rs. 75/- per year was claimed, jointly and severally against all the three defendants. A decree in that suit was passed in favour of the plaintiff for possession as also for mesne profits at the rate of four times the annual rent "against the defendanis".

(2.) THE present civil suit was instituted by Deorao (defendant No. 2 of the revenue suit) on the allegation that since the revenue decree was executed against him and the decree-holder sought sale of his properties, ha had to pay Rs. 2100/- in all to the decree-holder of that decree. In the present suit Deorao claimed contribution from the other two defendants in the revenue suit: (1) the heirs of gopalrao (since died) and also (2) Mst. Ramabai. The claim in the present suit was for Rs. 1400/ -. A decree for the entire claim was. passed in favour of the plaintiff against all the defendants by the trial Judge. On appeal, the Additional District judge, Shajapur upheld the decree against the sons of Gopalrao as also against ramabai. But he held Ramabai liable not because of her being the third defendant in the Revenue suit but be- cause of her being one of the heirs of deceased gopalrao. The first appellate Court reduced the liability of the defendants from two-third to one-half and passed a decree for Rs. 1050/ -.

(3.) THIS appeal has been filed by all the defendants praying for dismissal of the suit. The plaintiff has filed cross objections for enhancement of decretal amount to rs. 1400/- and also for holding Ramabai personally liable.