TMI Blog1968 (10) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as their share of the annual rent. The defendant No. 3 was a transferee of a portion of a lessees' interest from defendant 1. On September 3, 1954 the plaintiffs instituted a suit claiming a decree against defendants 1 and 2 for Rs. 36,405 on account of their share of the rent for 1356 to 1360 Fastis and interest thereon at 1 % per annum. During the pendency of the suit, defendant 2 died and his heirs were substituted as defendants 2 and 2(a). The Trial Court decreed the suit on contest against defendants 2 and 2(a) and ex-parte against defendants 1 and 3 with future interest and costs. On appeal, the High Court held that (1) as defendant 2 had only 4 anna share in the lessees' interest as mentioned in the lease deed and as he ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... default the lessees shall pay an interest at the rate of Re. 1 per cent till the date of payment. The lessors either separately or jointly shall realise (the amount) to the extent of their respective shares according to their choice by instituting in court with interest thereon mentioned above from the persons and properties of the lessees. 3. At the end of the lease it was stated that defendant 1 had twelve anna share in the lessees' interest and his share of the rent was Rs. 12000. It was also stated that defendant 2 had 4 anna share in the lessees' interest and his share of the rent was Rs. 4000. Clause 3 of the deed clearly shows that the lessees were jointly liable to pay the annual rent of Rs. 16000. The deed mentioned the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pen roads and to construct buildings were incidental to the right to enjoy the forest produce. The suit is for recovery of rent in respect of forest produce and having regard to sec. 193 of the Bihar Tenancy Act is governed by Article 2(b)(i) of the Schedule III thereto. This view is supported by the decisions of the Calcutta High Court in Abdullah v. Asraf Ali, 7 C.L.J.152 and Bande Ali Fakir v. Amud Sarkar, 19 C.W.N. 415. The special period of limitation applies though the claim for arrears of rent is founded on a registered instrument, (see Mackenzie v. Haji Syed Muhammad Ali Khan, I.L.R. 19 Cal. 1. The High Court was right in holding that the suit in respect of rent for Fasli years 1356 and 1357 was barred by limitation. 6. Having re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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