BHAWANI Vs. CHAUDHARI MANGALI SINGH

JUDGEMENT

(1.) This second appeal arises out of a suit for damages brought by the plaintiffs- appellants in the following circumstances. The plaintiffs on the 6 of July 1921, were in debt to their landholder in respect of the rent due for a certain occupancy holding. They also owed certain other debts. In order to meet these liabilities they executed a document granting to the defendant a right to hold their occupancy holding for a period of five years in consideration of the defendant promising to meet the arrears of rent and the outstanding debts calculated at a sum of Rs. 600 and also in consideration of the defendant paying the annual rent due to the landholder of the plaintiffs. The defendant failed to pay the arrears of rent and, in consequence of this, the landholder sued the plaintiffs for arrears of rent. The plaintiffs were unable to satisfy the decree for arrears in full and consequently they were ejected by their landholder in execution of the decree for arrears. The present claim is for Rs. 1,000 damages which is the estimated value of the occupancy holding.

(2.) The first Court dismissed the suit on the ground that there was some collusion or negligence on the part of the plaintiffs which would not justify their being awarded any damages. The lower appellate Court upheld the dismissal of the suit on the two following grounds. It held that there was contributory negligence on the part of the plaintiffs because they could have satisfied the decree for arrears of rent and in that case would not have lost the holding. It also held that the contract on which the plaintiffs sued was one forbidden by the Tenancy Act and void.

(3.) As to the lower appellate Court's first reason for dismissal of the suit, namely, contributory negligence, we find it difficult to accept, but in view of our decision on the other question that arises in appeal, it is unnecessary to affirm or disaffirm this finding,