MADHO SINGH Vs. LALA KESHAB DEO

JUDGEMENT

(1.) This case has been referred to a Bench of two Judges on the ground that the case involves a point of some difficulty.

(2.) The facts of the case briefly are these: There were two occupancy tenants of a holding, e.g., Madho Singh the defendant-appellant before us, and Hoti Lal. The zamindar was Lala Keshab Deo. The rent of the occupancy holding being in arrears, proceedings were taken by Lala Keshab Deo under Section 81, Agra Tenancy Act, 1926. This rule of law laid down that it was open to a landholder to apply to the tahsildar for issue of a notice to his tenants for payment of arrears of rent and for his ejectment in case of default. A notice was issued to Hoti Lal, and also to Madho Singh under the guardianship of his uncle Hoti Lal. It has been found as a fact that Hoti Lal had no interest adverse to Madho Singh. The tenants did not appear. The arrears of rent being not made good, an order for ejectment was made on 11 April 19-27 and a formal delivery of possession was effected on 29 April 1927.

(3.) The tenants, in spite of the order of ejectment and delivery of possession stuck to the land and the landholder Keshab Deo had to bring the suit out of which this appeal has arisen, for ejectment of the tenants in the civil Court and for damages.