AMBIKA PRASAD SINGH Vs. LAXMI AHIR

JUDGEMENT

(1.) This appeal under the Letters Patent is without merit. It is by the plaintiffs against a decision of Beevor J. and arises out of a suit for realisation of rent for the years 1347 to 1349 Fasli in respect of an alleged holding comprising 3.6 acres of land out of khata No. 16 in village Amaishi Dihra, tauzi No. 4918. The plaintiffs alleged that the rent claimed lands appertained to khewat No. 1/1 of which they were the sixteen annas proprietors by private partition before the survey. The defence, was that one Bachu Singh was the sixteen annas proprietor of the rent claimed lands and that the defendant has paid rent for the years in suit to him, and that the suit could not proceed without impleading Bachu Singh and other maliks of khewat No. 1/1. The defendant further contended that his holding was of 6.53 acres with a different annual rental, arid the suit brought in respect of a part of the holding was not maintainable.

(2.) The trial Court found that the sixteen annas rent of the holding in suit from 1347 up to the first eight annas kist of 1349 was payable to the plaintiffs find Bachu Singh, and the rent of the second eight annas kist of 1349 was payable to the plaintiffs. But as the plaintiffs did not plead separate collection from Bachu Singh, and as the plea of payment to Bachu Singh was accepted in respect of all but the eight annas kist of 1349, it was held that the plaintiffs would be entitled to rent only for the second eight annas kist of 1349. They were, however, not entitled to any decree at all as the plaintiffs plea that the holding had been split up was not correct, rather the holding of 6.53 acres still existed.

(3.) These findings were all confirmed by the learned Additional Subordinate Judge, in first appeal.