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Jeoni Vs. Kallu and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtAllahabad
Decided On
Judge
Reported in(1921)ILR43All448
AppellantJeoni
RespondentKallu and ors.
Excerpt:
.....of defence above referred to that the defendant nowhere pleaded that he had paid the rent in good faith to musammab jannat. the point raised before in is that the defendant not having alleged that he had paid the rent in good faith to musaramat jannat, section 198 has no application. that section 198 does not apply to a case like the present is clear from the decision of a bench of this court in sheo dihal singh v. 198. if that section were meant to apply to cases in which the defendant had only to allege that he was going to pay rent to a certain person in good faith there would have been no end of the litigation. he might one day say that he was willing -to pay the rent to a, whom he thought to be the person entitled to it, and in another suit by a he might plead that since then..........of defence above referred to that the defendant nowhere pleaded that he had paid the rent in good faith to musammab jannat. the learned assistant collector dismissed the suit and the dismissal has been confirmed by the lower appellate court. after he had filed his defence the defendant tenant paid off the rent for the years in suit to musamtnat jannat, and musammit jannat who had been impleaded as a party later on, admitted having received the rent. the point raised before in is that the defendant not having alleged that he had paid the rent in good faith to musaramat jannat, section 198 has no application. the question whether jannat would be entitled to the rent does not arise in this case as the rent had not been paid to her before the suit was brought. musammat jeoni, the.....
Judgment:

Ryves and Gokul Prasad, JJ.

1. This appeal arises out of the following circumstances. A Nawab gave a lease of a certain Mahal to two persons, the present plaintiff Musammat Jeoni, and one Mubarak Ali. Mubarak Ali died some time ago leaving as ii and a widow Musaumnt Januat. The sou has since died and the widow Jannatis alive. The plaintiff as a lessee brought a suit for recovery of the rent for certain years from Kallu a tenant. The defence pleaded by Kallu was that he had all along paid the rent to Mubarak Ali during his life time and since his death Musammat Jannat has been collecting rent from the defendant. Up to this duty this defendant has had no concern with Musamtnat Jeoni. It will appear from the statement of defence above referred to that the defendant nowhere pleaded that he had paid the rent in good faith to Musammab Jannat. The learned Assistant Collector dismissed the suit and the dismissal has been confirmed by the lower appellate court. After he had filed his defence the defendant tenant paid off the rent for the years in suit to Musamtnat Jannat, and Musammit Jannat who had been impleaded as a party later on, admitted having received the rent. The point raised before in is that the defendant not having alleged that he had paid the rent in good faith to Musaramat Jannat, Section 198 has no application. The question whether Jannat would be entitled to the rent does not arise in this case as the rent had not been paid to her before the suit was brought. Musammat Jeoni, the plaintiff appellant, is one of the lessees and as such is entitled to receive the rent. That Section 198 does not apply to a case like the present is clear from the decision of a Bench of this Court in Sheo Dihal Singh v. Badri Narain (1905) 7 A.L.J. 198. If that section were meant to apply to cases in which the defendant had only to allege that he was going to pay rent to a certain person in good faith there would have been no end of the litigation. He might one day say that he was willing - to pay the rent to A, whom he thought to be the person entitled to it, and in another suit by A he might plead that since then he has found that he was the real owner and that he was to pay to him in good faith. We think that the view taken by the learned Judges who decided the case above mention was a correct view. The result of our observation is that the plaintiff's claim was bound to succeed. We, therefore, set aside the decrees of the courts below and decree the plaintiff's claim with costs in all courts.


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