MAHARAJ SINGH Vs. RAI ANATH NATH BOSE

JUDGEMENT

(1.) This case has been referred to a Division Bench by Sinha J. It is a petition by the decree-holder in revision against an order allowing a claim case under Order 21, Rule 58, Civil P.C. The ground taken is that the learned Munsif had no jurisdiction to entertain the application because it was barred by the provisions of Section 170(1), Bihar Tenancy Act.

(2.) The facts are as follows. The claimant opposite party obtained a decree against the tenant in Rent Suit No. 1981 of 1935. In this case he had impleaded the cosharer landlords, including the petitioner. He obtained his decree on 10th January 1936, and subsequently, on 25 August 1989, he purchased the holding consisting of 8.27 acres in execution of his decree, and on 31 December 1940, he obtained delivery of possession.

(3.) Meanwhile, however, in the year 1937 there had been a civil court partition between the landlords in, Suit No. 36 of 1936, and by this partition parts of the holding were allotted to the takhtas of different landlords. The petitioner obtained a takhta of one anna and odd. Then in the year 1943 he brought a rent suit against the tenant in respect of the portion of the holding allotted to his share for his share of the rent for the years 1347 to 1350 Fasli. He sued as sole landlord, and impleaded none of the other landlords in. eluding the opposite party.