SHEO PRATAP SINGH Vs. TRIBENI TEWARI

JUDGEMENT

(1.) This is a plaintiffs second appeal in a suit for realisation of arrears of bhaoli rent with respect to 15 kathas 2 dhurs of land for the years 1860 and 1351 in respect of plots Nos. 327 and 328 only. The defence case is that the holding consisted of three plots 326, 327 and 328 with an area of 1 bigha, 6 kathas and 8 dhurs, and that the plaintiffs by establishing direct relationship with their under- raiyat in respect of plot No. 826 by executing a patta in her name have either dispossessed them or interfered with their possession of a part of the holding. They, therefore, claim that until this eviction or interference lasts, the entire rent will be suspended.

(2.) The trial Court reached the conclusion that there was no material before him that plot No. 826 formed a part of the defendants holding. In the alternative, he held that the principle of suspension of rent did not apply. The reason assigned by him was that the rent claimed was not indivisible in the sense that it was leviable in respect of every inch of the holding.

(3.) By the lower appellate Court the settle, mentkhatian was received as additional evidence. In the result, he came to a finding that there was eviction of the tenants defendants from a part of the holding. In this view, he applied the principle of suspension of rent. This resulted in whole sale dismissal of the plaintiffs suit. Hence, this second appeal.