(SYED) SIDDIQ ALI Vs. CHANDA

JUDGEMENT

(1.) The plaintiff lambardar sued a tenant for recovery of rent and his defence was that he had paid it in good faith to one of the co-sharers Mt. Fatima. The Trial Court of the Assistant Collector accepted the defence and dismissed the suit. On appeal the learned District Judge held that the rent was not paid and even if paid the defendant did not do so in good faith. The learned Judge disagreed with the first Court and found that the defendant was a tenant of the proprietary body in general of the khata khewat in which the land in suit was included. He also disagreed with another finding of the first Court that the defendant was a tenant of Aft. Fatima alone. He then went on to discuss whether the plaintiff as lambardar was entitled to collect the entire rent from the defendant.

(2.) In the written statement the defendant had specifically pleaded that the lambardar had no right to realise rent in the mahal in suit. The learned Judge found as a fact by reference to entries in the settlement records that in this particular mahal there was a provision that each co-sharer collected his own rents. On this ground the plaintiff's suit was dismissed and he has come here in second appeal.

(3.) His learned Counsel argued that the point in controversy was concluded by the Full Bench ruling in the case of Gulzari Mal V/s. Jairam (1914) 36 All. 441. This view does not appear to me to be correct. What was held in that case was that where a lambardar has a right to collect rents from tenants in the village, he is entitled to maintain a suit for ejectment of a tenant without joining the other co-sharers as parties. Their Lordships observed (page 609 of report.) We think that it is extremely improbable that Section 194 was intended to apply to the case of a lambardari village. If, however, it does apply, in our opinion, where the suit is brought by the lambardar in a lambardari village, strictly as lambardar, then the co-sharers must be deemed to have acted jointly through the person who is declared by law to be their representative.