KALIA Vs. TH HARISINGH

JUDGEMENT

(1.) FACTS which have given rise to this second appeal by the defendant and cross-objections by the plaintiff against a decree of the Additional Commissioner, Jaipur dated 17. 12. 59 may in brief be stated as below :

(2.) THAKUR Harising, the respondent filed a suit in the court of Assistant Collector Jhun-jhunu for recovery of Rs. 258/3/- as arrears of rent for Smt. 2010 to 2012 with interest amounting to Rs. 61/14/- at the rate of one percent per annum against the defendant-appellant as a tenant of the suit land which the plaintiff-respondent held as a mortgagee-landholder. The defendant denied his liability to pay the rent on the ground that he was a tenant of the Jagirdar of the Thikana Dabri whom he paid the rent on the due dates. The fact that the suit land was mortgaged by Thikana Dabri to the respondent and that he was entitled to receive rent as a mortgagee was also denied. The main issue framed by the trial court was whether the defendant-appellant was a tenant of the plaintiff-respondent and whether he was entitled to receive the arrears of rent as claimed in the suit. After recording the evidence of the parties the trial court held that the suit land which originally belonged to Thikana Dabri had been mortgaged to the respondent and that he was entitled to recover rent for the disputed period from the appellant at the stipulated rate of rent along with interest. The suit was in the result decreed for Rs. 320/1/- as claimed by the plaintiff-respondent. In appeal the lower court accepted this finding of the trial court but disallowed the amount of interest on the ground that there was no contract express or implied to that effect. The suit was in appeal, therefore decreed for Rs. 251/3/- only. The respondent being aggrieved from this decision has filed the present appeal and the plaintiff has filed cross objections.