GANGA SINGH Vs. CHHABRAJI KUNWAR

JUDGEMENT

(1.) This appeal arises out of a suit under Section 164 of the Agra Tenancy Act of 1901.

(2.) Thakur Ganga Singh (plaintiff respondent) sued Musaramat Chhabraji Kunwar, lambardar (defendant appellant) for his share of the profits of the village for the years 1321 and 1322 Fasli. In his plaint he stated that the village was well irrigated and that the tenants were well-to-do; and without alleging any specific misconduct or negligence on the part of the lambardar (except in one particular which has been abandoned) claimed to be paid a aura Rs. 2,200, which included interest, on the basis of the gross rental. He went on, however, to state, in paragraph 4 of his plaint, that "in the years in question the defendant lambardar realized a considerable amount on account of arrears for the past years, and the plaintiff is entitled to get the profits on the said amount according his own share."

(3.) The relief sought was (a) a decree for Rs. 2,200, principal and interest, and (b) "a decree for the amount which is found due in addition to the amount claimed may also be passed in his favour and in additional court fee charged."