SHIVA PRASAD SINGH Vs. MTDEOKI KUAR

JUDGEMENT

(1.) This second appeal arises out of a suit for arrears of rent for the period from 1338 to 1341 Faslis in respect of 80 acre of kasht lands bearing annual jama of Rs. 8.15-11 including cess. The lands appertain to three khatas Nos. 26, 48 and 54. The defendant pleaded inter alia that the jama was Rs. 6-9-12 dams and she claimed suspension of rent from 1339 Fasli on the ground that she was dispossessed by the plaintiff from plots Nos. 787 and 788 measuring 22 acre. The learned Munsif who tried the suit held that the jama of the holding was Rupees 8- 15-11 as alleged by the plaintiff. He also found that the plaintiff settled the two plots Nos. 787 and 788 with certain other persons towards the close of 1338 with the result that the defendant was dispossessed there from. On these findings he decreed the suit only for the year 1338 and allowed suspension of rent for the remaining period. His decision was confirmed on appeal by the defendant. Hence she has come up in second appeal. The value of the suit was Rs. 44-15.7 only and therefore a preliminary objection was taken that this second appeal is barred under the provisions of Section 153, Bihar Tenancy Act. No such objection was taken in the lower Appellate Court obviously because the Munsif who tried the suit was not specially empowered to exercise final jurisdiction under Section 153, Clause (1).

(2.) On a perusal of the judgment of the Appellate Court, it appears that it decided the question as to what the annual jama of the holding was. This is a question of the amount of rent payable annually by the tenant and comes under one of the exceptions mentioned in Section 153. The objection must therefore be overruled.

(3.) Coming to the merits of the appeal it appears that the defendant purchased portions of three different holdings appertaining to khatas Nos. 26, 48 and 54 in 1336.