RAM PRASAD SINGH Vs. SHIVANANDAN MISRA

JUDGEMENT

(1.) This appeal by the plaintiff arises out of a suit for declaration. The facts found by the courts below, which are no longer in dispute, are these :

(2.) Defendants 1 and 2 owned and ran in partnership a hotel called New Milan Hotel in mohalla Muradpur holding half share each. The rent of the house, in which the hotel was located having fallen in arrears, the landlord instituted a proceeding for their eviction on the ground of non-payment of rent. During the pendency of the proceedings, the plaintiff purchased the half share of defendant Mo, 2 in the said hotel by a registered deed of sale dated the 6th April, 1950. On 15th September, 1950, the plaintiff paid Rs. 975/- to the landlord as rent from September, 1949 to the date of the payment and in consequence whereof the proceedings for eviction were dropped. The plaintiff further paid rent from his own pocket from September, 1950 to January, 1951 at the rate of Rs. 75/- per month. He further paid Rs. 200/4/-on account of electric charges from January, 1950 to January, 1951. The plaintiff thereafter brought the present suit on 20th February, 1951, claiming contribution from the defendants on the ground that they were benefited by these payments and he was entitled to recover all the amounts due from defendants 1 and 2. He accordingly claimed Rs. 738/12/- from defendant No. 1 and Rs. 293/2/- from defendant No. 2.

(3.) Both the courts below granted the plaintiff a decree against defendant No. 2 only. They disallowed his claim against defendant No. 1 on the ground that he was not liable to contribute. Hence this appeal by the plaintiff.