UDA Vs. JAGDISH NARAIN

JUDGEMENT

(1.) THIS is a defendants' second appeal in a suit for share of produce regarding certain agricultural land, which has been decreed by both courts below. As the decision of this appeal depends on the short question of jurisdiction and that question goes to the root of the matter, only a few facts may be stated governing that matter.

(2.) THE dispute relates to a well called Dhaiwala with certain land appurtenant thereto measuring in all 29 Bighas situated in village Sanwatsar, Tehsil Kishangarh. THE case of the plaintiff was that he was a Muafidar of this well as well as its Bapidar, and that sometime in the Samvat year 2006 he gave the said land to the defendants at their request for being cultivated on certain conditions which are mentioned in paragraph three of the plaint and one of the main conditions with which we are concerned was that the defendants would give a half share of the entire produce to the plaintiff in addition to the Hasil. One other condition was that the plaintiff would supply the seed and the manure. THE case of the plaintiff then was that the defendants had taken away the entire produce themselves without paying anything thereout to the plaintiff and when called upon to do so flatly declined to pay any-thing to the plaintiff. Consequently, the latter instituted the suit, out of which this appeal arises, in the court of the Assistant Collector, Kishangarh, on the 13th October, 1952. In this suit he prayed that a decree for Rs. 400/- being the value of his half share of the produce be passed in his favour and against the defendants, and that if this was not allowed, then a decree for a sum of Rs. 326/12/-, the details of which are mentioned in paragraph four of the plaint, be awarded to him as being the expenses which he had incurred in connection with the cultivation at the well for the period in question.