Kishori Lal vs Todar Singh - 1912 Supreme(All) 87

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1912 Supreme(All) 87

CHAMIER, KARAMAT HUSAIN
Kishori Lal – Appellant
Versus
Todar Singh – Respondent

JUDGMENT

Chamier, J. - This appeal arises out of a suit brought by the appellant for his share of the profits of two properties which may be called khata No. 1 and khata No. 2 in mouzah Chiti. The suit relates to the years 1314, 1315 and 1316 Faslis. The appellant was a recorded co-sharer during the years in question. Respondent was lambardar of khata No. 1 during the same period. The claim for profits in khata No. 2 is not before as in appeal and may be disregarded.

2. In khata No. 1 there were five co-sharers, each owning a one-fifth share. Bach of them was in possession of separate lands on account of his share. In other words, the whole property was held by them as sir or khud kasht. The actual cultivators of the land were treated as the tenants of one or other of the co-sharers. The whole of the share of one of the co-sharers named Charan Singh excepting ten bighas was sold at execution sales to the appellant in or before 1901. The remaining ten bighas were sold to the respondent. The result was that Charan Singh became ex proprietary tenant of the whole of the lands constituting his share. At the instance of the appellant the Revenue Authorities fixed the rent to be paid by Cha

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