SINGHAI SHRINANDANLAL Vs. LAXMAN SINGH

JUDGEMENT

(1.) THE judgment in this second appeal shall also govern the disposal of second appeals Nos. 966 of 1956 and 1015 of 1956. The other two appeals are appeals against a common judgment and decree.

(2.) THE case comes before us on a reference by one of us. The whole matter in dispute is referred to the Division Bench. Singhai Shrinandanlal (who was the defendant in the two suits) was proprietor and lambardar of mauzas Belai and kirrawada in Khurai tahsil. On 29-7-1950 he orally created two brothers laxmansingh and Durjansingh occupancy tenants of fields Nos. 688 and 691/1 of mauaa Belai on receipt of Rs. 625/ -. The fields were recorded chhota ghas. The tenants applied to be recognised as tenants but the Board of Revenue by its order dated 18-8-1953 declined to do so. Laxmansingh and Durjansingh later purchased these same fields in an auction held by the State for Rs. 1230/- on 12-6-1951. They brought the suit for Rs. 1000/including in their claim Rs. G25/- consideration, interest on the same and Rs. 100/- spent on fighting the case on the revenue side, The first Court passed a decree for Rs. 737/ 8/- and costs. On appeal by the defendant the amount was reduced to Rs. 625/- with costs in proportion. The present appeal has been filed by the defendant against that decree.

(3.) SINGHAI Shrinandanlal as proprietor lambar-dar of mauza Kirrawada also transferred in occupancy rights to Suratsingh khasra Nos. 2 to 5 and 34 on 21-31951 for Rs. 1000/- by a registered deed. These fields were recorded as chhota ghas, Suratsingh applied for recognition of the transfer but it was refused. He thereafter took the same fields from the State for Rs. 2250/ -. On 20th Octo-ber, 1954, Suratsingh claimed Rs. 1600/- including Rs. 606/- as charges for ploughing by tractor, Rs. 400/- other expenses, Rs. 50/- for expenses in revenue Courts and rs. 50/- for stamp duty and registration of the document. The first Court decreed the claim for Rs. 1600/ -. On appeal by Sin-ghai Shrinandanlal the amount decreed was reduced to Rs. 1000/ -. The two second appeals (Nos. 966 of 1956 and 1015 of 1956) have been filed by Shrinandanlal and Suratsingh respectively against the same judgment and decree.