BALKISHUN SINGH Vs. CHOUDHARY DEOSARAN SINGH

JUDGEMENT

(1.) This appeal by the plaintiffs concerns a suit for specific performance of a contract by defendants Nos. 1 and 2. The necessary facts of the case have been set out in our order dated the 10th of December, 1964, remanding the case to the trial Court for a finding as to whether defendant No. 1 was in possession of more than 40 acres of land on the 5th of June, 1948, when he granted a lease in favour of the plaintiffs in respect of 23.14 acres of land. There was a stipulation in the lease that the plaintiffs would have a right to obtain a permanent lease on the expiry of the period of one year mentioned in the lease granted to them by defendant No. 2. The plaintiffs made a prayer for grant of a permanent lease by defendant No. 1; but the latter refused to comply with the request. The plaintiffs had to file the present suit giving rise to this appeal, accordingly to compel defendant No. 1 to grant a permanent lease in their favour.

(2.) The trial Court decreed the suit of the plaintiffs in terms of Section 21-A of the Bihar Tenancy Act which became operative on the 12th of June, 1948. Although the Court came to a finding that defendant No. 2 held power of attorney from defendant No. 1, it held that he had no authority to grant a permanent lease in respect of the land of defendant No. 1, which he was entitled to deal with in terms of the power of attorney.

(3.) It appears that, in the course of the trial, defendants Nos. 1 and 2 entered into a compromise with the plaintiffs, acknowledging the right of the plaintiffs to the land settled with them by defendant No. 2. Defendant No. 3 was also it pleaded in the suit because defendant No. 1 settled 6.69 acres of land in his favour under a mukarrari patta, which was comprised in the grant in favour of the plaintiffs by defendant No. 2. Since he was affected by the judgment of the learned Additional Subordinate Judge, who tried the suit, he came up in appeal to this Court.