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1962 Supreme(Pat) 65

K.AHMAD
Kameshwar Pandey – Appellant
Versus
Deolal Barhi – Respondent


Judgment

K.Ahmad, J.

1. These three appeals arise out of three rent suits instituted by the common plaintiffs, who are the appellants here, against the different tenant-defendants for different holdings. In this Court the case has been argued on the admitted footing that the plaintiffs are the tenants of the holdings in suits and the defendants are the under-raiyats of the same.

2. It appears that the under-raiyats were inducted into these holdings by the plaintiffs sometime before 1939; and till then they had paid, rent to the plaintiffs on the bhaoli basis. But in the year 1939 applications were filed for commutation by the defendants against the plaintiffs. In the course of those proceedings ultimately petitions of compromise between them were filed; and as a result thereof the holdings were commuted on the basis of cash rent as it stated in the compromise petitions which are Exhibits B series-on the record. It is not denied that since the date of that commutation the plaintiffs realised rents from the defendants up to the year 1361 Fasli on the basis of cash rent as agreed upon between the parties. Thereafter, the plaintiffs claimed that the defendants defaulted in payment of re

















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