LALJI SAHU; GULJAN MAHTO Vs. SHAMLAL

JUDGEMENT

(1.) These appeals arise from decisions of the Judicial Commissioner of Chota Nagpur, dated the 31st March 1911, confirming decisions of the Deputy Collector of Hazaribagh.

(2.) The facts of the cases are briefly these. The plaintiff sued two tenants for rent on the basis of a title as zerbharnadar in the lands in suit. The zerbharna was granted by one of those mokarari holders whose original lease was word for word in the form dealt with in the Letters Patent Appeals Nos. 2 to 16 of 1914. The mokararidar died fifteen years before the institution of the suits. The suits are for rent of the years 1963, 1964 and 1965. The plaintiff claims to have purchased at a sale in execution of a mortgage decree the interest of the zerbharnadar on the 3rd August 1906. His title is, therefore, the title vesting in the zerbharnadar holding under the heirs of the original mokararidar after that mokararidar s death.

(3.) The lower Courts agreed in decreeing the suits on the ground that though the grant to the mokararidar might be resumable and though on resumption of the mokarari lease the zerbharna would become void, there had in fact been no resumption and the zerbharnadar was still in possession during the years in suit.