MT RAM SIRI Vs. MIQBAL BAHADUR

JUDGEMENT

(1.) This is a first appeal from order by a plaintiff whose plaint in the Revenue Court has been returned by the Assistant Collector on the ground that the suit lies in the civil Court. The suit was brought by the plaintiff Musammat Ram Siri against the defendant Iqbal Bahadur for the arrears due under theka for a number of years 1336-37-38 fasli and kharif of 1339 Falsi. It is to be observed that all these were years during which the Agra Tenancy Act, Act 3 of 1926, was in force. The suit was brought under Section 132, Act 3 of 1926. The only question before us is whether that suit should be brought in the Revenue Court or in the civil Court. The thekanama in question was executed on a date prior to Act 3 of 1926, that is, it was executed on 13 September 1924. The thekanama deals with the entire property of the plaintiff and it sets forth that she desires to give a lease: of the entire zamindari property in the villages of Bedpur with market, Barauli, Bedpur, Raghopur, Ramit, Hirapur and Siphri and all the shops situate in the city of Etawah. for a period of twenty years. Para. 1 sets forth: The lessee should remain in possession of the shops and the property and make collections in respect thereof. Ho should let out the land in his own right. He should exercise all the powers of a zamindar as a lessee.

(2.) Para. 2 sets forth: The lessee shall take as his dues 7 per cent...out of the gross rental of the property and the rent of shops.

(3.) Para. 3 makes reference to amounts spent in constructing buildings in the village for the improvement of the village or for the comfort of dwelling or in making the repairs of the houses mand the "garhi in mauza Bedpur or for getting repairs done to the shops and the houses situate in Etawah. We consider that the reference to villages and in particular to mauza Bedpur does not mean that there were any houses in those villages which were let to tenants but we consider that the refenence is apparently to the "garhi" and the residential house in Bedpur where the plaintiff's husband-had been accustomed to reside when. he collected rent. Para. 4 refers to the sale of wood of the trees of spontaneous growth and states that 7 per cent is to be deduced from this and the balance handed over to the lessor. Para. 5 provides for the account of profits to be adjusted annually and provides for ejectment on failure to pay profits for two years. Para. 9 sets forth that the lessee is to realise certain arrears. After this paragraph there is a specification of the six villages leased out and the first village is stated to-be Bedpur with market, gross rental with market Rs. 3,673-8-0. The total of the six villages in net income comes. to Rs. 6,284-15-0. It is stated then that the annual rent of the shop is Rs. 3,132 and the total profits of the-property leased out are Rs. 9,416-15-0. And the deduction of 7 per cent which is granted to the thekadar on the gross-income would come to Rs. 659.