NAURANG SINGH Vs. JANARDAN KISHORE LAL SINGH DEO

JUDGEMENT

(1.) This is an appeal by the defendant in a suit for arrears of rent of a colliery held by him under the plaintiffs on the basis of a lease, dated the 23rd September 1901. The plaintiffs seek to recover their dues in respect of the years 1313 to 1317 B. S., and pray for ejectment of the defendant on the ground that, according to the terms of the contract between the parties, the lease had been forfeited by non-payment of rent. The Subordinate Judge has decreed the suit. His decision has been assailed in this Court on two grounds, namely first, that a larger sum has been allowed to the plaintiffs than what is really due to them, and, secondly, that, on the face of the plaint, the claim for ejectment cannot be sustained.

(2.) The first point is sought to be established in two ways, namely, first, that credit should have been allowed for a sum of Rs. 1,500 and secondly, that abatement of rent should have been allowed in respect of seven instead of six bighas. There is no force in either of these contentions. Upon the facts found by the Subordinate Judge, it is plain that the sum of Rs. 1,500 paid by the defendant had been rightly appropriated by the plaintiffs in satisfaction of their dues for an earlier period. As regards the amount of abatement legitimately allowable, we see no reason to differ from the Subordinate Judge as to the quantity of land acquired by the Railway Company. In our opinion, the amount decreed by the Subordinate Judge is recoverable by the plaintiffs from the defendant.

(3.) The second point raises an important question of law and requires careful consideration. The lease contains the following clause: We will pay the whole amount of the rent, year by year, by the 30th of Chaitra. If by non-payment of rent, we keep a cou(sic) thereof unpaid, you will have power, in the beginning of the month of Bysack of the next following year, to take khas possession of the whole land lying within the under-mentioned boundaries, including the coal mine thereon made by m, by your own authority, and settle the same with another tenant and realise the amount of arrears with interest from our properties, moveable and immoveable, standing in our own names or benam and from our persons."