NARAYAN KRISHNARAO vs BADRIDAS - 1944 Supreme(Nagpur) 29

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1944 Supreme(Nagpur) 29

PURANIK
NARAYAN KRISHNARAO – Appellant
Versus
BADRIDAS – Respondent

Advocates Appeared:
R A Mande, W S Barlingay, Advocates

JUDGMENT

Puranik—This second appeal arises out of a suit for recovery of Rs. 136-13-0 as arrears of rent for 1937-1938 and a part of 1938-1939. The Plaintiff is the lambardar of the village, and the Defendants are tenants owning land in occupancy right assessed at Rs. 92 rental. The present Plaintiff was appointed lambardar on 8th January 1938, and the amount that is claimed by him has fallen due as rent after he became the lambardar of the village. The Defendants admitted that they had not paid the rent for the years 1347 and 1348 Fasli; but they pleaded that they had paid Rs. 114 on 25th November 1935, as rent for 1344 Fasli to the former lambardar of the village. These rents for the year 1344 Fasli were subsequently remitted by Government on 8th February 1938 and 14th July 1938. The Defendants therefore pleaded that the Plaintiff who is now the representative in office of the former lambardar was bound to give them credit for Rs. 114 recovered from them by the previous lambardar. On behalf of the Plaintiff it wag stated that the Defendants ought not to have paid rents for 1344 Fasli inasmuch as Government had suspended rents for that year when Defendants allege they paid it. It w

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