SHEOBARAT SINGH Vs. NAWRANGDEO NARAIN SINGH

JUDGEMENT

(1.) 1901, April 24. This is an appeal against a decision of the District Judge of Gaya, dated the 17 of December 1898.

(2.) The suit out of which the appeal arises is one brought under Section 140 of the Bengal Tenancy Act for compensation of wrongful distraint. The facts of the case are these: The defendant, the landlord of the plaintiffs, distrained the crops of the plaintiffs holdings for (i) a sum of Rs. 994-6-6 as the value of the landlord's share of the crops, for the landlord asserts that the lands were held on the bhaoli system; (ii) for a sum of Rs. 248-9-6 as "damages" at 25 per cent.; and (iii) for Rs. 31-1-3 on account of road cess and public works cess. In all, the sum of Rs. 1,275-7-3 was claimed by the landlord.

(3.) The contentions of the plaintiffs are, that they did not hold these lands on the bhaoli system, but that they were liable to pay nugdi rents; that their crops were distrained for a much larger sum than was due from them; that the defendant had on right to distrain their crops for "damages" at 25 per cent. and that, under these circumstances, the distraint was not permissible; and they accordingly sued for compensation.