KISHORE RAMAN PRASAD Vs. HANUMAN SINGH

JUDGEMENT

(1.) This appeal arises out of a suit for rent and the only question involved is the rate of rent.

(2.) The admitted facts are these. In village Umapur the plaintiffs and defendants and some other persons held a separate patti of eight annas of the village. The plaintiffs share was 2 annas 6 pies, that of the defendants 3 annas and that of he third party 2 annas 6 pies. In this patti the defendants in addition to their having some other land as well, had a holding khata No. 17, of which the annual rent was Rs. 105-8-9. It appears that by some contract this rent was enhanced to Rs. 129- 1-6, an enhancement which was undoubtedly illegal under the provisions of Section 29, Bihar Tenancy Act.

(3.) Thereafter there was a collectorate partition in which the plaintiffs were allotted a separate estate bearing tauzi No. 2908 for their share in the parent estate including 2 annas 6 pies share of the village in the eight annas patti as stated above. This estate which was allotted to the plaintiffs included five plots out of the holding of the defendants, namely plots Nos. 198, 271 and 305 of khata No. 17, and another plot No. 263 of another khata. By a proceeding under Section 81, Estates Partition Act, the batwara officer fixed Rs. 44-3-7 as the rent payable by the defendants to the plaintiffs. The plaintiffs have sued for rent at this rate. The trial Court decreed the suit according to the claim but the lower Appellate Court has held that as the enhancement of rent prior to the collectorate partition was void under Section 29, Estates Partition Act, the plaintiffs were not entitled to realize at that rate. He has therefore given a decree at the rate of Rs. 34.15.3.