JAWALI Vs. JOGINDER SINGH AND OTHERS

JUDGEMENT

(1.) This is defendant's regular second appeal against the judgment and decree of the Additional District Judge dismissing her appeal filed against the judgment and decree of the trial Court.

(2.) Facts of the case lie within a very narrow compass. Lachhman Dass defendant leased out land measuring 96 Kanals 17 Marlas for digging earth as per details given in the plaint for a period of 12 years at the rate of Rs. 3,000.00 per killa for a total amount of Rs. 36,000.00 per annum. As per terms of the lease deed, the plaintiff was to dig earth to the extent of 4 feet and a lease deed was executed by defendant No. 2 in favour of the plaintiff. It is alleged that the defendant did not allow the plaintiff to dig earth from Killa Nos. 16, 25 of rectangle No. 17, Killa No. 20, 21 of rectabgke No. 16 and Killa No. 1 of rectangle No. 19 and so the plaintiff claimed a sum of Rs. 20,000.00 as damages.

(3.) Defendants No. 1, 3 and 4 contested the suit, inter alia, on the ground that the suit is bad for misjoinder of defendants No. 3 and 4; that the suit is time barred; that the plaintiff is barred by his act and conduct; that the plaintiff is guilty of breach of contract as he has dug earth from 8 killas out of 12 killas to the extent of 7 to 8 feet against the agreement which was for digging earth upto four feet deep only.