SM JADUPRAVA MITRA Vs. RAI BATO BEHARI

JUDGEMENT

(1.) The decision of this appeal involves the proper construction of Section 22, Sub-section (2), Bihar Tenancy Act. In the suit out of which this appeal arises the plaintiffs claimed produce rent with respect to 16.77 acres of land, khata No. 12, situated in village Sidhna. The plaintiffs stated that they held eight annas share of the milk at and defendants 1 to 8 held the remaining share. Defendants 1 to 3, 11 and 12 contested the suit. They alleged that defendants 1 to 8, cosharer proprietors, had purchased the holding in execution of a rent decree against defendant 12, Mt Kulawanti Kuer, the original tenant. After the purchase defendants 1 to 8 settled 927 acres with defendants 10 and 11. The latter further urged that the plaintiffs were not entitled to realis rent from them, that they had already divided the produce with defendants 1 to 8 The learned Munsif held that the plaintiffs were not entitled to any relief against defendants 10 and 11. He granted the plaintiffs a money decree against defendants 1 to 8. The Subordinate Judge affirmed the decree of the Munsif.

(2.) Defendants 1 and 3 have instituted the present appeal. On their behalf it was argued before us that the lower Courts had erroneously decreed the suit in full against defendants 1 to 8. It was contended that defendants 10 and 11 who had taken settlement from defendants 1 to 8 should under the statute be deemed to be tenants of the entire body of landlords. It was pointed out that defendants 10 and 11 were previously settled raiyats of the village and so became occupancy raiyats as soon as settlement was concluded. It was urged that the suit should have been decreed in part against defendants 1 to 8 and in part against defendants 10 and 11 for the proportionate area in their respective possession. The critical question in this appeal is whether defendants 10 and 11 should be deemed to be tenan's of the plaintiffs and whether they are liable to pay them a proportionate share of rent. The answer to this question depends upon proper construction of Section 22(2), Bihar Tenancy Act.

(3.) The Sub-section as amended in 1907 is as follows: If the occupancy right in land is transferred to a person jointly interested in the land as proprietor or permanent tenure-holder, he shall be entitled to hold the land subject to the payment to his correctors or joint permanent tenure-holders of the phares of the rent which may be from time to time payable to them; and if such transferee sub-lets the land to a third person such third person shall be deemed to be a tenure-holder or a raiyat as the case may be, in respect of the land. The illustration to the Sub-section is: A. a cosharer landlord, purchases the occupancy holding of a raiyat X. A is entitled himself to hold the land on payment to his c sharers of the shares of the tent payable to them in respect of the holdings. A, sub-lets the land to Y, who takes it for the purpose of establishing tenants on it; Y becomes a tenure-belder in respect of the land. Or A sublets it to Z, who takes it for the purpose of cultivating it himself; Z becomes a raiyat in respect of the land.