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1949 Supreme(Pat) 85

REUBEN, SINHA
Nandlal Singh – Appellant
Versus
Ram Kirit Singh – Respondent


Judgment

Reuben, J.

1. This appeal is directed against a decision of the Subordinate Judge, Second Court, Gaya, affirming a decision of the Munsif, First Court, Gaya, in a suit for contribution, The appellant was defendant 1 in the suit. In village Dardha, under the proprietress Sayeeda Khatoon, there is a dar-mokarari tenure comprising a share of eight annas Dokhta of the village. It is held in the following shares: (1) Plaintiffs two annas; (2) defendant 1, one anna, and (3) defendants 2 and 3 five annas. The one anna share was formerly held by Tufail Ahmad (defendant 5), from whom defendant l acquired it by purchase in 1345 Fasli. Dar-mokarari rent having fallen in arrears, the proprietress sued and obtained a decree against the plaintiffs for the arrears of rent for the years 1342 to 1345 Fasli. Defendant l was not impleaded in the rent suit. The plaintiffs deposited Rs. 1,945-7.0 towards satisfaction of the decree and the other co-sharer dar-mokararidars having paid their quota of the dues in accordance with their respective shares, brought this suit for contribution against defendant 1. On the allegation that defendant l in his sale-deed undertook to pay the arrears for 1342,
















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