BAHADUR Vs. RAJA MOTI CHAND

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for a declaration that certain ejectment proceedings carried through in the Revenue Court were null and void and ineffectual as against the right of the plaintiff and that the defendant No. 1, the zamindar, had not acquired any right in the said lands as against him. There was a further prayer for a declaration that the proceedings relating to delivery of possession in favour of defendants Nos. 3 to 9 were also not binding on him. There were many pleas takes in the written statement filed by the contesting defendants to which we shall refer later. The Court of first instance dismissed the suit and on appeal that decree has been affirmed by the District Judge.

(2.) In order to understand the points in dispute it is necessary to recite briefly the history of this litigation.

(3.) It appears that the defendant No. 1, who is a zamindar of the village, granted two leases in November, 1909 in respect of different sets of plots in favour of the defendant No. 2, the terms of which are worthy of note. The lessee was to remain in possession of the plots leased generation after generation on payment of a fixed rent without any right of enhancement. There was a further provision that he would be entitled to transfer the lands by way of sale or mortgage like a fixed-rate tenant. It was further provided that if rents were not paid, the zamindar would have the right to recover them in the way provided by law, and it was recited that the lessee could, apply to the Revenue Court for the mutation of his name as a perpetual lessee (pattadar dawami).