ABDUL GAFFAR Vs. PIRTHVI CHAND LAL CHOUDHARY

JUDGEMENT

(1.) The plaintiffs instituted the present suit for recovery of rent due from the holder of a patnitenure for the years 1348 to 1357 Mulki Sambat.

(2.) According to the plaintiffs, they were entitled to realise rent for 6 annas 8 3/4 pies share,, and the defendants second and third parties were entitled to realise rent for the remaining share; but as defendants second and third parties had not intimated to the plaintiffs whether any rent was due to them or not, they were joined as defendants second and third parties. In the relief portion of the plaint the plaintiffs not only claimed arrears of rent due to them, but they also prayed that if the defendants second and third 'parties give any account of their dues, decrees may be passed in respect of their dues also on payment of proper court-fee. They further prayed that in case the rent due towards the share of the plaintiffs be found to have been realised by defendants second, third and fourth parties, then a decree in favour of the plaintiffs may be passed against those defendants.

(3.) The suit was contested by the defendants first party who pleaded, inter alia, that the suit was barred by limitation. .