(MANDIR) THAKURJI MAHARAJ Vs. RISAL

JUDGEMENT

(1.) This is an appeal from the judgment and decree passed by the Additional District Judge, Meerut, in proceedings under Section 81. Agra Tenancy Act 3 of 1926.

(2.) Appellant is the zamindar of village Nagal in which the respondent is his tenant. The appellant issued a notice under Section 81, Tenancy Act, against the defendant calling upon him to pay arrears of rent for the years 1332, 1333 and Rabi 1334 Fasli. Notice was, as usual, filed in the Court of the Tahsildar with an application referred to in that section praying for ejectment of the tenant in case arrears were not paid. The respondent contested that notice on the ground that the appellant's claim to the arrears of rent for the years mentioned above was barred by the provisions of Order 2, Rule 2, Civil P.C., inasmuch as the appellant had instituted, on 23 April 1927, a suit for arrears of rent for Rabi 1331 Fasli. It should be mentioned that the rent for the years 1332, 1333 and Rabi 1334 Fasli was overdue on 23 April 1927 when the suit was instituted. It was, therefore, contended by the respondent that the present claim for those years is barred by Order 2, Rule 2, Civil P.C. Both the lower Courts have given effect to this plea and the plaintiff has preferred the present second appeal.

(3.) The only question argued before me has reference to the respondent's plea that the appellant's claim to arrears of rent for 1332, 1333 and Rabi 1334 Fasli is barred by Order 2, Rule 2, Civil P.C., Section 81, Agra Tenancy Act 3 of 1926. entities a landholder to apply to the Tahsildar for the issue of a notice to his tenant, not being a permanent tenure-holder or a fixed rate tenant, for payment of arrears of rent and for his ejectment in case of default. It is, however, open to a tenant on whom such notice is served to contest the claim, in which case: the application for issue of notice shall be deemed to be a suit for arrears of rent on payment of the proper Court-fee. If the arrears claimed doss not exceed Rs. 200 the Tahsildar shall, subject to the provisions of Section 78(4), decide the suit if the arrears claimed exceeds Rs. 200, the Tahsildar shall forward the suit to the Court of the Assistant Collector in charge of the subdivision, who shall decide it.