RAJA SURYA PAL SINGH Vs. CHIRANJI

JUDGEMENT

(1.) I have had the advantage of reading the judgments of my brother Judges constituting the Full Bench. I agree with the conclusion arrived at by my brother Hamilton J. Allsop, J.

(2.) We have before us two second appeals and application in revision. One Second Appeal, No. 224 of 1942, arises out of a suit for arrears of rent in the Court of an Assistant Collector in the Etah district. The trial Court gave the plaintiff, Raja Surya Pal Singh, a decree for Rs. 137-12.0 with proportionate costs and interest on account of the rent for the years 1846 and 1847F, but refused to give any relief on account of the other years in suit, namely, Rabi 1348 and Kharif 1344F., on the ground that the defendant, Krishan Pal Singh, was protected by the provisions of the Stayed Arrears of Rent (Remission) Act (U.P. Act 18 of 1939) because the rent payable by him was not more than Rs. 500 a year.

(3.) Krishan Pal Singh had three holdings of his own and was one of several co- tenants in five others. The total rent of the eight holdings was over RS. 1500, but the total amount payable by Krishan Pal Singh on account of his separate holdings and his own share in the joint holdings was less than Rs. 500. The learned District Judge in appeal gave a decree on account of the rent for the years 1343 and 1344F. He held that the tenants of the joint holdings were jointly and severally liable for the whole rent and that Krishan Pal Singh was not protected because the whole rent of over Rs. 1500 was payable by him.