KAROO SINGH Vs. BIBI KHURSEED ZOHRA

JUDGEMENT

(1.) These appeals arise out of three rent suits filed by the same landlords, but against two sets of tenants belonging to the same family. First Appeal 680 arises out of Rent Suit No. 13/4 of 1951/ 55, relating to Khata Nos. 93, 77, 75, 69, 63, 58 and 38 for the years 1357 and 1358 Fasli. First Appeal 685 arises out of Rent Suit No. 11/3 of 1951/55 and is in regard to Khata No. 67 for the years 1357 and 1358 Fasli. First Appeal 689 of 1958 arises out of Rent Suit No. 52/2 of 1958/58, and is in relation to khata No. 67 for the years 1354 and 1355 Fasli. Out of that Rent Suit another First Appeal (F. A. 140 of 1950) had come to this Court and was disposed of on the 17th December, 1957, remanding the case to the court below.

(2.) In all these Rent Suits, the plaintiffs claimed produce rent from the defendants-tenants, who, however, urged that they were only liable to cash rent, because, in respect of their holdings there had already been commutation to cash rent under Section 40 of the Bihar Tenancy Act. Another defence raised by them was that the original holding had been split up on account of a division in the joint family and each of the three branches of the joint family had applied under Section 40 of the Bihar Tenancy Act for commutation of the produce rent to cash rent, which was allowed and the corresponding rent schedules had been prepared.

(3.) The trial Court did not accept this defence on the ground that it was not satisfied that the defendants had proved that there had actually been splitting up of the holdings concerned and as such the order commuting the produce rent to cash rent Was ineffective and without jurisdiction. Produce rent was decreed against the defendants and against that the present appeals were filed by them.