RAM CHAND Vs. SHIAMA

JUDGEMENT

(1.) This appeal raises a question of law, viz,, whether a decision of a Record Officer given between two contending parties, each claiming to be a sir-holder of the same land, is binding upon them when the same question is raised in an ejectment suit.

(2.) The facts of the case are all admitted and are briefly these; The appellant, who was the plaintiff in the Court of first instance, is recorded as the sir-holder of the lands in suit. His father, Khubi Ram, is recorded as the plaintiff's tenant of the sir lands for a period of 33 years. The defendants, who are the respondents in this appeal, are recorded as dar-shikmi or sub-tenants holding under Khubi Ram for a period of 24 years. The rent payable by Khubi Ram is recorded as Rs. 22 and the rant payable by the defendants is recorded as Rs. 12. The plaintiff sued for the ejectment of the defendants, viz., his own father and the respondents, Shiama and Charan Singh, on the allegation that the plaintiff did not like to have the defendants as his tenants any longer and wanted their ejectment. Khubi Ram did not enter appearance. Shiama and Charan Singh contended that they held the lands as their khudkasht for more than 12 years and that they were not liable to be ejected.

(3.) The suit succeeded in the Court of the Assistant Collector who gave his decision on the 30 of March 1922. Two days prior to this date, a decision had been given by the Assistant Record Officer and the question is what is the effect of that judgment. It appears that before the Assistant Record Officer the respondents Shiama and Charan Singh made an application for the correction of the entry in the khatauni. They stated that they held the lands as their khudkasht but they were recorded as sub-tenants of the tenant Khubi Ram who himself is recorded as a tenant of his son Ram Chand, the plaintiff in this case. The learned Record Officer was of opinion that Shiama and Charan Singh had already held more than their fair share of sir lands and they are not to have more. He accordingly directed that the applicants names should be recorded as sub-tenants of Ram Chand.