SAKHISONA DASI Vs. GOUR HARI JANA

JUDGEMENT

(1.) This is an appeal by the plaintiff from the appellate decree in her suit for recovery of a specified sum on a declaration that the defendant had fraudulently withdrawn that, amount and also for an injunction restraining the defendant from receiving payment of the said amount from his lawyer with whom it was lying. The facts are undisputed and may be briefly stated. The defendant took from the plaintiff an agricultural lease of three plots of land measuring about 10 bighas for a period of 5 years from Baisakh 1346 B. S. to Chaitra 1350 B. S. at an annual rent of Rs. 42/- only. During the currency of this lease, the three plots of land were requisitioned by the Government on behalf of the military authorities and they were taken possession of by the military authorities. The plots are still in the occupation of the military authorities even though the term of the lease has already expired. The compensation however, that was paid after the expiry of the period of the lease amounting to Rs. 443/- was withdrawn by the defendant's lawyer.

(2.) It is the plaintiff's case that the tenancy having expired this money was payable not to the defendant but to the plaintiff. She accordingly asked for a declaration that she was entitled to this amount withdrawn by the defendant's lawyer and that there should be a permanent injunction to restrain the defendant from withdrawing any further amount to be awarded as compensation and also from receiving payment of the said sum of Rs. 443/- from the defendant's lawyer.

(3.) The defence was that although the term of the lease had expired the tenancy was not at an end and it still subsisted so that the plaintiff was not entitled to the compensation money awarded for the land in question.