PATEL BENISINGH Vs. SHRIMATI CHAMPABAI LAXMINARAYAN

JUDGEMENT

(1.) THIS is second appeal filed by the Defendants, who lost in both the lower Courts.

(2.) THE Respondent, on the strength of an agreement dated 24 -10 -41 (Ex. D -2), executed in her favour by the superior proprietor, Rani Mira Moti, for a period of 9 years ending 31 -5 -1950 for a consideration of Rs. 3,000 was the protected thekedar of village Punour in tahsil Sohagpur of district Hoshangabad, while the first Appellant Benisingh was the lambardar thekedar at that time. By the said deed Rani Mira Moti purported to transfer her interest as a superior proprietor. The Plaintiff alleged that the Defendants were liable to pay Rs. 2,728. Each year the theka -jama was payable on the first of June. The Defendants paid only Rs. 2,209 -5 -4 for the said period, leaving a balance of Rs. 418 -10 -8. Therefore, she claimed the balance with interest Rs. 150 -13 -4 total Rs. 569 -8 -0.

(3.) BOTH the lower Courts negative the defense and passed a decree for Rs. 569 -8 -0 in favour of the Respondent. The only question raised by the Learned Counsel for the Appellants was regarding the tenability of the suit and the claim for interest. The finding that an amount of Rs. 418 -10 -8 was due was rightly not challenged, as it was a finding of fact concluded in the present appeal. Moreover, I find that the said finding was correct on merits. Therefore, it is confirmed.