KUNWAR SINGH Vs. ABDUR ALI KHAN

JUDGEMENT

(1.) This appeal arises out of a suit for joint possession of certain plots of cultivated land and for the ejectment of defendant 1. Plaintiffs and defendants 2 and 3 are zamindars and co-sharers of the mahal in which the property is situated. The plots in suit formed the occupancy holding of one Sarajnath Singh, who died in the year 1912 leaving no heirs entitled to succeed to his interests. The occupancy holding, therefore, lapsed or escheated to the zamindars. On the death of Surajnath Singh one of the co-sharers namely Ramdhari Singh, took the holding in his cultivatory possession and cultivated it for two years as his khudkasht. On 10 July 1914, Ramdhari Singh executed a perpetual lease of the land in suit in favour of defendant 1, fixing an annual rent and taking a premium of Rs. 300.

(2.) The plaintiffs claim that the perpetual lease is invalid and null and void as against them. They claim that they have-been ousted from joint possession owing to the action of Ramdhari Singh in granting this perpetual lease without their consent and they claim to be put into joint possession of the holding by the ejectment of defendant 1.

(3.) The defence was that although plaintiffs and defendants 2 and 3 (who are the sons of Ramdhari Singh) are cosharers in an undivided mahal, nevertheless there has been a division of the holdings between the cosharers and that Ramdhari Singh has by mutual arrangement with the plaintiffs been exclusively realizing the rent of the deceased occupancy tenant. They claim that he was entitled to execute the lease on his own authority without the consent of the plaintiffs.