SURJAN SINGH Vs. UMARI SINGH

JUDGEMENT

(1.) This is a complicated case in view of the multiplicity of the rulings of this Court, some of which are not easily reconcilable with others.

(2.) The present defendant No. 1 instituted a suit in the Revenue Court for arrears of rent against the plaintiffs, and the Assistant Collector by a judgment dated the 21 of January 1921 decreed the claim for Rs. 3-5-4. His judgment proceeded mainly on the presumed correctness of the entries of the Revenue papers and his finding in effect was that plot No. 211/3 which was in dispute in that case was a sir plot belonging to the present defendant No. 1. An appeal was filed from that judgment and was pending in the Court of the Colleotor when the present suit was instituted in the Civil Court for a declaration that the said plot No. 211/3 as well as two other plots Nos. 21l/l and 211/2 were occupancy holdings of which the plaintiffs and the defendants were joint tenants. The cause of action alleged in the plaint was the decree for arrears of rent passed by the Assistant Collector which was said not to have become final inasmuch as an appeal from that decree was pending in the Appellate Court on the revenue side.

(3.) The defendants again asserted that all these three plots were the sir plots of the defendants, the plaintiffs being only shikmi tenants. There were also pleas raised to the effect that the claim was barred by Section 11 of the Code of Civil Procedure as well as by Section 167 of the Agra Tenancy Act.