DARIYAI SINGH Vs. CHOB SINGH

JUDGEMENT

(1.) These two appeals are connected and have been heard together and may be disposed of by a single judgment.

(2.) The appellants before us were the defendants in two suits brought by different plaintiffs in a revenue Court for ejectment.

(3.) In both these cases in the revenue Court it was alleged on behalf of the plaintiffs that they (the plaintiffs) were the zamindars of the lands in suit, that the defendants were lessees (thekadars) of the lands in dispute, paying a yearly rent to the plaintiffs. In para. 3 of both plaints it was alleged that the plaintiffs desire to eject the defendants as the defendants had no right to remain in possession. It was stated that the defendants had been asked to vacate the lands, and refused to do so, and hence suits for ejectment lay under the provisions of Section 63 and Section 58 of the Agra Tenancy Act. In both cases the cause of action for the suit was described as having arisen on the 1 of July 1918, that is to say after the expiry of the agricultural year.