MAHARAJ AMARSINGH OF RAVTI Vs. THAKUR MANSINGH

JUDGEMENT

(1.) THIS is a second appeal on behalf of the defendant in a suit for the recovery of Rs. 2300/ -.

(2.) THE plaintiff is the Thikanedar of village Kirap. On account of some reasons this Thikana was placed under the management of the Haisiyat Court in the Samvat of 1977, and remained under its management upto Samvat of 1999. During this period the Thikana of Kirap was given on lease to Maharaj Fateh Singhji, the Thikanedar of Ravti, by the Haisiyat Court. Maharaj Fateh Singhji was to pay Rs. 4675/- every year on Magh Sudi 15, and the period of lease was fixed from the Samvat of 1982 up to the Samvat of 1991. According to the allegations of the plaintiff Maharaj Fatehsinghji agreed to pay interest at the rate of 12% per annum on the sum which was to remain unpaid oh the due date. THE Izardar failed to deposit the amount of the Izara due in the Samvat of 1989, 1990 and 1991 which sum along with an interest on it amounted to Rs. 12328/12/ -. Out of this sum Rs. 10027/15/- were paid by the Ijardar and for the recovery of the remaining sum of Rs. 2300/5/-the present suit was brought by the Vakil Thikana Kirap, after the release of the Thikana from the management of the Haisiyat Court, against the present appellant, Maharaj Amarsinghji the grand-son of Maharaj Fatehsinghji. This suit was decreed by the trial Court and the decree was confirmed by the appellate Court.