SHAM SARAN DAS Vs. HARBANS

JUDGEMENT

(1.) This is a plaintiffs appeal and arises out of a suit filed in the revenue Court under Section 102, Agra Tenancy Act, for recovery of Rs. 294-4-0 with interest thereon from defendants 1 to 8. The plaintiffs case was that the said defendants purchased from the plaintiffs and their co-owners the produce of grove No. 259 for three years, viz., 1331 to 1333 faslis, for a sura of Rs. 1,100 and that the plaintiffs share was to the extent of six-annas in the grove. The claim was with respect to 1331 and 1332 faslis.

(2.) The defence to the suit was that there was no contract between the plaintiffs and the contesting defendants for payment of rent or for payment of the price of the produce of the grove, and that the contesting defendants had purchased the produce of the grove from one Chaudhari Gumani Singh, who was the sarbarakar of one Mt. Ram Dei and had paid the price of the produce to him, and as such the plaintiffs were not entitled to the relief sought by them.

(3.) The trial Court overruled all the pleas taken in defence, and holding that the plaintiff's share in the grove in dispute was to the extent of six annas out of sixteen-annas, and that the defendants had failed to prove that they had made any payment to Gumani Singh, passed a decree in the plaintiffs favour for recovery of Rs. 275 with interest.