GOBIND RAM Vs. KUNJ BEHARI LAL

JUDGEMENT

(1.) This is a reference by the Local Government under Rule 17 of the Rules and Orders relating to the Kumaun Division soliciting the opinion of the Court regarding two questions which were raised originally in a suit brought in the Court1 of the Assistant Collector, Kashipur, under the provisions of the Agra Tenancy Act.

(2.) The plaintiffs in that suit were Kunj Behari Lal and Har Kishen Das and the claim was for. recovery of profits due in respect of a certain share in a mahal, for the years 1324, 1325 and 1326 Fasli. According to the plaint the profits for these years became due on (the 1 of August in each of the years 1917, 1918 and 1919. There Were five defendant's to the suit, the first of whom Gobind Ram is the lambardar of the mahal. The fifth defendant was Gulab Singh, one of the co- sharers. The case for the plaintiffs was that on the 26 of July, 1920, they had taken from the second, third, fourth and fifth defendants an assignment of the profits for the years in suit. The fifth defendant Gulab Singh had assigned his right to the profits for all the three years; the second, third and fourth defendants had assigned the profits for 1325 and 1326 Fasli only.

(3.) The principal defendant was the lambardar (defendant No. 1), and among various pleas which he raised in defence we have to notice only two which have given rise to the two questions submitted to our decision. In paragraph 8 of his written statement the lambardar alleged that on the date of the assignment in the plaintiffs favour, Gulab Singh, the fifth defendant), was an insolvent and had no property or rights which he could transfer. It was pleaded, therefore, that the plaintiffs had no right to demand any share of profits on the basis of a transfer from Gulab Singh.