GARGI DIN MISRA Vs. DEBI CHARAN

JUDGEMENT

(1.) This is an application in revision from an order of the District Judge, Cawnpore, remanding a revenue appeal.

(2.) The respondent, Debi Charan, first instituted a suit for arrears of rent based on a registered kabuliyat executed by the applicant. The suit was resisted on the ground that the kabuliyat was fictitious, that in respect of a sale-deed executed by the present applicant he still remained the proprietor of the land and that there was no relation between the parties of a land holder and a tenant. The revenue Court ordered that the present applicant, who was a defendant to that suit should under Section 199, Tenancy Act, establish his title in a civil Court. Accordingly, he filed a suit for declaration, which was dismissed by the civil Court and an appeal from that decree is still pending in this High Court and is numbered as First Appeal No. 569 of 1926. In the meantime the revenue Court decreed the claim for arrears of rent on the basis of the judgment of the subordinate civil Court ex parte, but later on the ex parte proceedings were set aside and the suit restored, and is still pending. As limitation was expiring, the present respondent filed another suit for arrears of rent for subsequent years. The defendant inter alia took the plea that the second suit should be stayed, and also raised the question of proprietary title. The revenue Court decreed this claim, holding that the question of proprietary title had already been decided.

(3.) On appeal to the District Judge, he remanded this case with directions that the lower Court should proceed in accordance with Section 271, Sub-clause 2, Agra Tenancy Act.