LAL NARAIN SINGH Vs. MOHAMED ANZAR HUSSAIN

JUDGEMENT

(1.) This appeal by the plaintiffs raises again the troublesome question of the applicability of Section 22(2), Bihar Tenancy Act.

(2.) The facts are these. The appellants instituted a suit for recovery of their share of bhaoli rent from defendants 1 to 3 for the period 1348 and 1349 Fasli with respect to the lands appertaining to khatas Nos. 4 and 5 in village Rupanchak Sesari, bearing Tauzi No. 4548. The plaintiffs, admittedly, are the /14/6 co-sharer landlords in this village. The remaining -/l/6 share was held as mukarrari by Mt. Zafuran and Mt. Matulan, who were also in possession of the suit lands under Section 22(2), Bihar Tenancy Act. These two ladies transferred their mukarrai interest in the Tauzi to Mt. Imaman and Eazaque Khan so that the transferees became liable to pay the share of the rent of the land in suit under Section 22(2) to the plaintiffs and the other 130-sharers. In the year 1936, the lands in suit were transferred by Mt. Imaman and Razaque to defendant 5 as the gumashta of defendants 1 to 3. In the Courts below, the plaintiffs allegation was that defendant 5 was a farzidar on behalf of defendants 1 to 3, but the concurrent findings of both the Courts are that defendant 5 was an independent purchaser.

(3.) After the sale deed in favour of defendant 5 the father of defendants 1 to 3 took a sale deed of the mukarrari interest from Mt. Imaman and Razaque. The father of defendants 1 to 3 is now dead.