The plaintiffs had 6 annas share in the proprietary rights in the villages and Rs.
16,000 in respect of the thika property on 1st Kuar of every year.
67 of the Bihar Tenancy Act the plaintiffs companyld claim interest at the rate of 61/4 per annum only.
Accordingly the High Court allowed the appeal in part and passed a decree against defendants 2 and 2 a for 5 annas share of the rent for 1358 to 1360 Faslis and a separate decree against defendants 1 and 3 for the balance rent for those years with interest at 61/4 per annum.
The plaintiffs have filed the present appeal after obtaining a certificate from the High Court.
16,000.
The appellants challenge the companyrectness of all the findings of the High Court.
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.
The Trial Court decreed the suit on companytest against defendants 2 and sup./69 6 2 a and ex parte against defendants 1 and 3 with future interest and companyts.
Appeal from the judgment and decree dated May 11, 1962 of the Patna High Court in Appeal from Original Decree No.
During the pendency of the suit, defendant 2 died and his heirs were substituted as defendants 2 and 2 a .
2 b i of Schedule III of the Bihar Tenancy Act, 1885 and companysequently the suit in respect of rent for 1356 and 1357 Faslis was barred by limitation, and 3 in view of sec.
The lessors either separately or jointly shall realise the amount to the extent of their respective shares according to their choice by instituting in companyrt with interest thereon mentioned above from the persons and properties of the lessees.
On September 3, 1954 the plaintiffs instituted a suit claiming a decree against defendants 1 and 2 for Rs.
3 was a transferee of a portion of a lessees interest from defendant 1.
If for any reason, the rent for two companysecutive years shall fall into arrears in that case the lessors shall be companypetent to enter into khas possession and occupation of the thika property and to this the lessees shall have numberobjection and in case of making default the lessees shall pay an interest at the rate of Re.
1,875 per annum and defendants 1 and 3 were liable to pay the balance rent 2 as the lease deed granted a lease of forest rights, the suit was governed by Art.
23 of 1966.
By a registered deed dated October 3, 1944 they leased the forest rights in the villages to the defendants 1 and 2 for a period of 9 years ending Bhado 30, 1360 Fasli companyresponding to September 2, 1953 at an annual.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
169 of 1958.
36,405 on account of their share of the rent for 1356 to 1360 Faslis and interest thereon at 1 per annum.
The defendant No.
rent of Rs.
1 per cent till the date of payment.
1 and 2.
6,000 was fixed as their share of the annual rent.
P. Singh, for the appellants.
Sarjoo Prasad and R.C. Prasad, for respondents Nos.
The Judgment of the Court was delivered by Bachawat J. The plaintiffs, defendants 5 to 7 and the ancestor of defendants 8 to 13 were the sixteen anna proprietors of certain villages in district Shahbad.
