KISHORI MAL Vs. PARSADI

JUDGEMENT

(1.) The plaintiffs appellants purchased certain specific plots of land in the village from the ancestor of the respondents. In the deed of sole the land sold is described as the khud kasht of the vendor.

(2.) The vendor, therefore, would automatically become the ex proprietary tenant of these plots and possession, therefore, was not given to the plaintiffs. The plaintiffs brought this suit against all the co-sharers including the lambardar, for profits for the three preceding years, under Section 165 of the Agra Tenancy Act. Various objections were raised and the Trial Court dismissed the suit as against all the other defendants, but decreed the suit for Rs. 177-5-10 against the present respondents as representing the plaintiffs share of profits.

(3.) On appeal, the learned First Additional District Judge of Aligarh held that the suit was misconceived, that it was not a suit under Section 165 of the Agra Tenancy Act but was really a suit for rent, and as such, could not be brought until the rent had been assessed by the Collector.