JUGALKISHORE Vs. NAGO

JUDGEMENT

(1.) IN this case the plaintiff and defendant 2 were owners of Mouza Raysana jointly, and on the plaintiff's application his share was divided into a separate patti and he became the sole owner of patti No. 4 in the village, the partition coming in force on 1st June 1921. He now sues for possession of field No. 54, contending that defendant 1 Nago has no right to hold the field and that he had taken wrongful possession of the same from August 1923. It was said that Ragho the original tenant of the field was in possession till 30th January 1923.

(2.) DEFENDANT 1 contended that he had taken a lease of the field from defendant 2 on 7th April 1923 and that he is entitled to possession on the ground that he was duly made a tenant and could not be evicted. Defendant 2 admitted that he had taken the field in surrender on 31st January 1923 and let it out to defendant 1 on 7th April 1923. It was further contended that the plaintiff was not appointed the lambardar of the patti and that the lease was given by defendant 2 in the ordinary course of management and with the consent of the plaintiff. It was further contended that the remedy was to get the transfer by Ragho set aside by the revenue Court and that the civil Courts had no jurisdiction.

(3.) THE Judge further writes that no suit can lie unless and until the surrender is set aside and no suit for possession can lie in this Court.