Skip to content


Bhirug Rai and ors. Vs. Hazari Rai and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in64Ind.Cas.922
AppellantBhirug Rai and ors.
RespondentHazari Rai and ors.
Excerpt:
co-sharer - joint land unoultivated--each co-sharer, right of. - - it is not of much importance, as far as this ease is concerned, to work out the relative shares of the parties in the sherakat for, whether the defendants share be only one fourth as the district judge has it, or be more, as they would have it, it is perfectly clear that they have not broken up as much as one-fourth of the available land in the sherakat to bring it under their own cultivation......patti sital' rai with an area of 19 bighas, patti hiraman rai with an area of about 11 bighas and patti sherakat with an area of 187 bighas odd. the plaintiffs allege that they are the sole owners of patti alok rai and patti sital rai. there seems to be a suggestion that they are not the sole owners, but it may be assumed for the purpose of argument that they are the sole owners. the defendants are the sole owners of patti hiraman rai. now, 19 bighas 10 biswas and 9 dhurs have been brought under cultivation in patti sherakat, nothing mora is cultivated therein. the plaintiffs have brought 1 bigha 5 biswas and 18 dhurs under cultivation and the defendants have brought the remainder. in pattis alok rai, sital rai and hiraman rai, the proprietors make separate collections. the plaintiffs.....
Judgment:

Stuart, J.

1. There are four Pattis in Mahal Nibu Kabirpur, Patti Alok Rai with an area of about 11 bighas, Patti Sital' Rai with an area of 19 bighas, Patti Hiraman Rai with an area of about 11 bighas and Patti Sherakat with an area of 187 bighas odd. The plaintiffs allege that they are the sole owners of Patti Alok Rai and Patti Sital Rai. There seems to be a suggestion that they are not the sole owners, but it may be assumed for the purpose of argument that they are the sole owners. The defendants are the sole owners of Patti Hiraman Rai. Now, 19 bighas 10 biswas and 9 dhurs have been brought under cultivation in Patti Sherakat, Nothing mora is cultivated therein. The plaintiffs have brought 1 bigha 5 biswas and 18 dhurs under cultivation and the defendants have brought the remainder. In Pattis Alok Rai, Sital Rai and Hiraman Rai, the proprietors make separate collections. The plaintiffs have brought this suit for their share of the profits in the cultivated land in Patti Sherakat. The District Judge has awarded them profits, calculating that they are entitled to three fourths of the total profits, The defendants appeal. It is not of much importance, as far as this ease is concerned, to work out the relative shares of the parties in the Sherakat for, whether the defendants share be only one fourth as the District Judge has it, or be more, as they would have it, it is perfectly clear that they have not broken up as much as one-fourth of the available land in the Sherakat to bring it under their own cultivation. The view of the learned District Judge is that when one proprietor in a joint Patti brings land under his sultivation, he must pay a proportion of its letting value to his fellow-proprietors. This is not the rule of law in this Province. The rule is this. Where there is land to be cultivated, cash sharer may take into his own cultivation out of the culturable land an amount proportionate to his share. If he takes more he must recompense his other co-sharers, but until he has taken more he need not recompense anybody. The defendants own at least one-fourth of the Sherakat. They have not brought one-fourth of the culturable land under their cultivation. Therefore, they are not liable to pay the plaintiffs anything. I allow this appeal and dismiss the plaintiffs' suit. The plaintiffs will pay their own costs and those of the defendants in all Courts. The costs in this Court will include fees on the higher scale.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //