RAGHUBANS LALL Vs. GBSOLANO

JUDGEMENT

(1.) These four cases relate to the same litigation and the parties being the same, they have by consent been heard together. In mahal Jalalpur which includes mauza Tuturkhi the appellants in Appeal No. 112 of 1932, who are the applicants for revision in the other three cases, hold a six annas dar-mukarrari interest while the opposite party, Nos. 1 to 4, who may be designated the Solanos, hold six annas of the dar-mukarrari interest in all the nine villages except Changhaila where, besides the four annas mukarrari, they hold only two annas of the dar- mukarrari interest, the remaining four annas being held by respondent 5.

(2.) The appellants sued in suit No. 190 of 1917 for partition of their dar-mukarrari share and a preliminary decree was passed. During the actual partition the raiyats of a large area in Tuturkhi applied under Section 40, Ben. Ten. Act, for commutation of their bhaoli rents to nakdi payments. The pleader commissioners nevertheless allotted those lands extending to 583 acres to the Solanos at a raibandi of Rs. 9,537 9-9 and the Solanos made serious objection protesting that, in the circumstances those lands in Tuturkhi should be partitioned proportionately and the final decree be stayed until the commutation cases had been disposed of.

(3.) But on 23 October 1922, the Subordinate Judge accepted the proposal of the pleader commissioners and added: If the nakdi rental of village Tuturkhi as found in the commutation cases be less than the jamabandi on which the present partition has been made, parties will be at liberty to reopen the partition if there be material loss to any of them. This applies also to commutation in other villages under partition. The reservation is meant for bona fide loss without the fault of any party and no party who has wilfully allowed the rental to be improperly commuted will be entitled to claim advantages under it. The final decree bears data 22 December, 1922, and delivery of possession of the takhtas was given to the parties on 16 March 1923.