RAM DEI Vs. HAZARI

JUDGEMENT

(1.) This second appeal is directed against the decision of the Additional District Judge, Rohtak, reversing on appeal the decision of the trial Court decreeing the plaintiff's suit.

(2.) Lachhmi Ram sold 23 Kanals 11 Marlas of land bearing Killas Nos. 15, 16/1, 16/2 and 25, in favour of Hazari and others for Rs. 1000/-. Ram Dei filed the present suit for possession by pre-emption on the allegation that she was tenant under the vendor at the time of the sale and as such her right was superior to that of the vendees. She also maintained that the decree-obtained by the father of the vendees for pre-emption was collusive. The suit was contested by the vendees. The trial Court held that the plaintiff had a superior right of pre-emption and found that the sale was for consideration fixed in the sale-deed. It was also held that the vendees would be entitled to stamp and registration expenses in addition to the sale consideration. The result was that the plaintiffs suit was decreed. Against this decision, the vendees appealed. The lower appellate Court has come to a firm conclusion on evidence that the plaintiff was not recorded as a tenant of the land excepting Killa No. 15, but as the plaintiff was not paying any rent, therefore, she was not a tenant within the meaning of Section 4(3) of the Punjab Tenancy Act, 1887 . In this view of the matter, the vendees' appeal was allowed and the suit for pre-emption dismissed. Ram Dei plaintiff has come up in second appeal to this Court.

(3.) Mr. U.D. Gaur, learned counsel for the plaintiff sought to contend that Ram Dei was the tenant of the entire land in dispute. However, the decision of the lower appellate Court that she is not recorded as tenant of the land excepting Killa No. 15 being a finding of fact cannot be agitated in second appeal. So far as Killa No. 15 is concerned, the contention of the learned counsel is that Ram Dei is recorded as a tenant and it is not necessary that she must be paying rent in kind or cash to the landlord. It is admitted that Ram Dei's father, from whom she succeeded to the tenancy, was a barber and he was rendering services to the landowner. If the definition of 'rent' in Section 4(3) of the Act is adverted to, which is in the following terms, it will appear that the rendering of services tantamount to payment of rent :-