RAM DEI MISRAIN, MT Vs. JURAWAN MISIR

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for possession and mesne profits. Three kinds of property were embraced in the claim; (a) zamindari share to the extent of 3 pies 6 chhataks each in mauzas Reoli and Bhita; (b) mortgagee rights in 2 pies 2 chhataks of Reoli and (c) certain cultivatory holdings set out at the foot of the plaint. The last-named item, by an oversight, has been omitted in the translation of the plaint as contained in the paper book.

(2.) Mt. Ram Dei Misrain executed a zar-i-peshgi lease of these properties in favour of Ram Lochan Misra, defendant 7, on 25 June 1919, for five years. Under the terms of this instrument, she reserved to herself the right to cancel the lease by giving a month's notice to the lessee. Surju Misra defendant 1, pre- empted the lease, on 28 June 1920. Mt. Ram Dei gave a notice to Ram Lochan Misra, the original lessee, and Surju Misra, the pre-emptor, intimating thereby that she had put an end to the lease and asking for possession. Surju Misra did not surrender possession. Ram Lochan Misra gave up possession of the cultivatory holdings but the defendants second party, namely Jurawan Misra, Dwarka Misra, Birna Misra, Bholi Misra and Ram Sarup Misra took forcible possession of the cultivatory holding; hence the suit for possession and damages.

(3.) Plaintiff's claim for possession and mesne profits relating to the zamindari shares in Reoli and Bhitha and the mortgagee rights in Reoli have been decreed. The defendants have submitted to the decree. This part of the claim therefore need not be canvassed any further.