HASAN ALI KHAN Vs. MAZHAR-UL-HASAN

JUDGEMENT

(1.) This is an appeal against a decree of one of the learned Judges of this Court sitting alone.

(2.) The suit was instituted against one Ali Mazhar as an exproprietary tenant to recover the rent of certain lands which had been his sir. He had been the proprietor of the mahal in which he held this sir land. Many years ago Ali Mazhar made default in paying the revenue assessed on the mahal, whereupon the Collector, acting under the powers conferred on him by the North-Western Provinces Land Revenue Act of 1873, Section 154, attached the mahal and took it under direct management. At the same time acting under the provisions of Section 190 of the same Act, the Collector fixed the rent to be paid in future by Ali Mazhar in respect of this land. Ali Mazhar was recorded as an ex-proprietary tenant. This suit is one to recover the rent so fixed, and alleged to be due and payable for the years 1308 and 1309 Fasli by the respondents, the representatives in interest of Ali Mazhar now dead, That rent was paid for many years by Ali Mazhar as the rent of the ex-proprietary holding. On January 20th, 1899, Ali Mazhar's rights as proprietor of the mahal were sold in execution of a Civil Court decree, held by the Bank of Upper India and were purchased by one Gobind Deo. Gobind Deo had his name entered as proprietor and that of Ali Mazhar removed. Gobind Deo of course did not get actual possession of the mahal, which continued to be held under direct management. Eventually Gobind Deo sold the mahal in June 1901 to the plaintiffs appellants, who obtained mutation of names in their favour in August of that year. In that month they paid to the Collector the arrears of revenue still due on the mahal, which was thereupon released from direct management and handed over to them. That was on August 27th, 1901.

(3.) From the above it will be seen that Ali Mazhar ceased to be even, nominal proprietor of the mahal in the year 1899 when his name was removed from the village khewat, but he continued to be recorded as an ex-proprietary tenant, paying the rent which had been fixed by the Collector.