MT KESAR KUAR Vs. KALLU RAM

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for arrears of rent brought by Kallu Ram against Mt. Kesar Kuar. The suit was dismissed by the Assistant Collector, but on appeal it was decreed by the District Judge. His findings on some of the points were not clear. Accordingly a former Bench of this Court framed three issues and remanded the case with direction that the learned Judge should dispose of the case on the lines indicated by the issues. The learned District Judge has upheld his former decree.

(2.) The plots in dispute were recorded as the tenancy of one Sri Ram, and on his death were recorded in the name of his widow Mt. Kesar Kuar. Kallu Ram was recorded as the lambardar and the proprietor of the mahal in which these plots are situated. In 1917 there was a dispute between the parties in the civil Court and the matter was referred to the arbitration of three arbitrators and an award was pronounced on 31 May 1918, followed by a decree of the civil Court. Under this decree Mt. Kesar Kuar was given a half-share in the proprietary interest in the mahal.

(3.) The learned District Judge has found, and his finding is one of fact, that the defendant has failed to prove that she had any proprietary interest in the mahal prior to the award of 1918. She must, therefore, be treated as a tenant of the plots prior to that date. Since then, however, she has become a cosharer entitled to an equal share with Kallu Ram in the proprietary interest in the mahal.