PARMESHWAR SINGH Vs. GAJO SINGH

JUDGEMENT

(1.) This appeal arises out of a suit for arrears of bhaoli rent. The suit relates to 13. 12 acres of land in village Narhat. According to the plaintiff this area forms part of a holding of 15.24 acres, of which defendant 1 is the real tenant, and the suit has been confined to 18.12 acres because this area formed the subject of a proceeding under Section 145, Criminal P.C., between defendant 1 on one side and defendants 2 to 4 on the other, which ended in favour of the latter.

(2.) Defendant 1 did not seriously contest the suit. Defendants 2 to 4 contested it on several grounds. In the result the Courts below have given the plaintiff a modified decree against all the defendants. This decree has not been challenged by defendant 1. We are concerned with the decree only so far as it relates to defendants 2 to 4, who are the appellants in this appeal.

(3.) Mr. Kameshwar Dayal on behalf of the appellants has urged three points: 1. That the suit is not maintainable on the ground of misjoinder of parties and of causes of action. 2. that, on the ground of eviction by the landlord, the appellants are entitled to suspend payment of rent; and 3. that the rent has been commuted to nagdi by a transaction which is binding on the plaintiffs.