GANESH GIR Vs. SHEO MANGAL PANDEY

JUDGEMENT

(1.) This is a defendants appeal and arises out of a suit brought under Section 102, Tenancy Act (2 of 1901) for recovery of Rs. 162-10-9 principal and interest on account of arrears of rent for the years 1326 to 1329 faslis in respect of certain plots of land situate in mouza Bhatwar. The plaintiffs case was that they as pattedars (lessees) of the village in question made collections and that the defendants as tenants were liable to pay the rent claimed.

(2.) The defence to the suit was that the plaintiffs were neither the lessees nor they ever collected the rent, and that their names not being entered in the khewat they were not competent to sue It was further pleaded in the written statement that Janki Misir, the lessor of the plaintiffs, was the holder of a four-annas share in the zemindari in which the holding in question was situate and that he was also a co-sharer, vendee and mortgagee of the cultivatory holding in question.

(3.) On the pleadings of the parties the following issues were framed by the trial Court. (1) What is the status of the plaintiff with respect to the disputed land and is he entitled to sue? (2) What, if any, is in arrears from the defendants payable to the plaintiffs for the disputed period? (3) Do other co-sharers in the khata except the defendants hold the disputed lands as well and have they not been made defendants and, if so, how does it affect this suit?