JAIRAM Vs. MAIFUJALI

JUDGEMENT

(1.) DEFENDANTS 1 to 3,were the occupancy tenants of field No. 21/1 in Umrer. As they had omitted to pay the rent due, the landlord applied to a revenue officer under Section 58-B, C.P. Tenancy Act, to realize the arrears. This application was made on 17-7-1941. While it was pending defendants 1 to 3 leased out this field and another field to the plaintiffs for the year 1942-43.

(2.) ON 15-6- 1942 the field was sold by the revenue officer under Section 58-B (1)(b),'and it was purchased by defendant 4. The sale was confirmed on 23-7-1942, and defendant 1 was placed in possession on 7-8-1942, disturbing the possession of the plaintiffs. The present suit was, filed by the plaintiffs on 19-8-1942 to recover the damages which they suffered by being dispossessed.

(3.) IN Munni Lal v. Mt. Phula it was held that partition proceedings before a revenue Court operated as lis pendens, and it seems to me that proceedings before a revenue Court under s, 58-B, should also operate as lis pendens.