MANOHARLAL Vs. BRAJRAJKISHORE

JUDGEMENT

(1.) THIS is plaintiffs' appeal from a decree dismissing their suit for possession.

(2.) DAMPATKISHORE, father of respondent No. 1, Brajrajkishore and husband of respondent No. 2, Premwatibai, was the malguzar and lambardar of mouza Silari in, which the fields in dispute are situate. These fields formed the absolute occupancy tenancy holding of the plaintiffs. Dampatkishore obtained three decrees for arrears of rent against the plaintiffs and in execution thereof put the fields to sale. The fields were purchased by Dampatkishore himself on 1-11-1941 but; possession thereof was not taken by him until 11-7-1946 on account of the pendency of other proceedings initiated by the plaintiffs.

(3.) SUBSEQUENT to the sale of the fields, Dampatkishore obtained decrees for arrears of rent against the plaintiffs in civil suit Nos. 225-C of 1941 (1 of 1945)and 16-C of 1945, The former suit was for recovery of the rent which fell due on 15th January 1940, 1st May 1940, 15th January 1941 and 1st May 1941, that is for a period prior to the sale. The other suit was for recovery o the rent which fell due on 15th January 1942, 1st May 1942, 15th January 1943 and 1st May 1943 and covered the period subsequent to the sale. The lower appeal Court held that these suits did not create the plaintiffs tenants of the fields and in this view dismissed their suit for possession.