VITHAL Vs. LAXMAN

JUDGEMENT

(1.) 1. The parties to the suit out of which this second appeal arises are jagirdars of Babhulgaon in the Akola. District. The plaintiff, as the manager of the jagir, brought an action for the recovery of the rent of two fields which were once part of the jagir home farm but which had been allotted to the defendant in 1902 at the family partition and have since been in his exclusive possession. In addition to the rent for the years 1922-23, 1923-24 and 1924-25 the plaintiff also claimed interest at two per cent per mensem on the arrears and costs of the suit. The defendant admitted that the assessed rental was due from him but pleaded that as the practice in the past was to adjust this amount in the accounts of the general profits of the jagir the suit filed was not maintainable. The trial Court decreed the claim in full but the lower appellate Court modified the decree by disallowing interest and costs.

(2.) BOTH sides are apparently dissatisfied by the decree of the lower appellate Court because the plaintiff has filed this second appeal claiming interest and costs, while the defendant has filed ?cross-objections claiming dismissal of the suit.

(3.) THE appeal and the cross-objection fail and are dismissed, each party bearing his own costs in this Court. Costs incurred in the lower Courts will be paid as directed by the lower appellate Court.