High CourtsDivision Bench(1921) 07 PAT CK 0008

Malik Taharat Karim vs Musammat Bal Kuar and Others

Patna High Court · Decided on 18 July 1921 · Citation: AIR 1921 Patna 351 : 64 Ind. Cas. 515

HON’BLE JUDGES
Macpherson, J · Coutts, J

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 230 words

Coutts, J.—This appeal arises out of a suit for thika rent. The plaintiffs gave a thika lease of certain lands to defendent No. 5. The defendant No. 5, it has bean found, was merely a farzidar of defendants Nos. 1 to 4 and the plaintiffs sued both defendants Nos. 1 to 4 and defendant No. 5 and were given a decree against defendants Nos. 1 to 4 only.

2.

The only contentions in appeal are that the plaintiffs cannot sue defendants Nos. 1 to 4 unless they knew at the inception of the lease that the defendants Nos. 1 to 4 were the beneficial owners and the defendant No. 5 was merely the farzidar, or unless since the time of the granting of the lease the defendant No. 1 had got into possession of the property. No authority is shown to us in support of either of these contentions, and so far as I am aware, the law is clear that the plaintiffs may sue either the beneficial owners or the farzidar.

3.

So far as the second proposition is concerned, the defendant No. 1 himself has admitted that the defendant No, 5 is merely a farzidar, who has been his agent throughout.

4.

I see no reason to interfere with the decision of the learned Subordinate Judge and would dismiss this appeal with costs.

Macpherson, J.

5.

I agree.