RATAN DEI Vs. DURGA SHANKAR BAJPAI

JUDGEMENT

(1.) The facts of this case are as follows:--The plaintiff s husband was the owner of zemindari in several villages and some house property in Benares. He also held a large area of land as sir within his zemindari. He was heavily in debt to Durga Shankar Bajpai, defendant No. 1. The latter obtained one decree for about Rs. 20,000.

(2.) On the 7th October 1899, the plaintiff who was then a widow transferred the zemindari and the houses to Durga Shankar by a sale-deed, the consideration for which was Rs. 21,415. This included the amount due on the decree and also another debt. By the terms of the deed the plaintiff agreed to file a relinquishment of her ex-proprietary rights in the sir lands and Durga Shankar agreed to certify to the Civil Court full-satisfaction of his claim under the decree.

(3.) At that time the Rent Act XII of 1881 was in force and it is quite clear that the sale consideration was to cover not only the proprietary rights but also the ex proprietary rights and the arrangement was one of those devices considered by their Lordships of the Privy Council in Moti Chand v. Khwaja Ikram Ullah Khan, 39 Ind. Cas. 154 : 15 A. L. J. 150 : 5 L. W. 388 : 21 M. L. T. 267 : 32 M. L. J. 383 : 21 C. W. N. 616 : 19 Bom. L. R. 433 : 39 A. 173 : 26 C. L. J. 24 : (1917) M. W. N. 453 (P. C.). and which are there declared to be "in contravention of the policy of the Act and are contrary to law and are illegal and void." The Act which their Lordships had in view was the present Tenancy Act, but in this respect it does not differ from its predecessor which equally prohibited the sale or transfer of ex- proprietary rights except as between those in whose favour jointly the right had arisen. In the present case a hitch appears to have occurred. The plaintiff at first did not like a relinquishment and Durga Shankar did not certify to the Civil Court full satisfaction of his decree. The cause of this is not given, for neither the plaintiff nor Durga Shankar have given the Court any assistance.