RAMA SHANKAR SINGH & ANR. versus MST. SHYAMLATA DEVI AND ORS.

RAMA SHANKAR SINGH & ANR. versus MST. SHYAMLATA DEVI AND ORS.

Defendants 1 to 3 were jointly and severally liable for plaintiffs' share of the rent for Fasli years 1358, 1359, and 1360 and interest thereon at 6.25% per annum. The suit for rent for 1356 and 1357 Fasli was barred by limitation under the Bihar Tenancy Act. Statutory rate of interest applies, overriding contract.

Parties
Appellant: Rama Shankar Singh; Respondent: Mst. Shyamlata Devi; Respondent: R. C. Prasad
Jurisdiction
India
Judgment Date
10 October 1968
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Patna High Court
Outcome
Appeal partly allowed
Legal Topics
Joint and Several Liability, Interest on Arrears of Rent, Limitation in Suits for Arrears of Rent, Forest Rights Lease
Contract Law Tenancy Law Limitation Law Joint and Several Liability Interest on Arrears of Rent Limitation in Suits for Arrears of Rent Forest Rights Lease

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Parties

Rama Shankar Singh

Appellant

Mst. Shyamlata Devi

Respondent

R. C. Prasad

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Patna High Court

Legal Issues

  1. 1 Whether the lessees were jointly and severally liable to pay the rent under the lease deed.
  2. 2 Whether the suit for arrears of rent was barred by limitation under the Bihar Tenancy Act.
  3. 3 What is the proper rate of interest payable on arrears of rent under the Bihar Tenancy Act.

Ratio Decidendi

Defendants 1 to 3 were jointly and severally liable for plaintiffs' share of the rent for Fasli years 1358, 1359, and 1360 and interest thereon at 6.25% per annum. The suit for rent for 1356 and 1357 Fasli was barred by limitation under the Bihar Tenancy Act. Statutory rate of interest applies, overriding contract.

Court Disposition

Appeal partly allowed

Orders

  • Defendants 1, 2, 2(a), and 3 are jointly and severally liable to pay plaintiffs Rs. 6000 per annum for years 1358, 1359, and 1360 Fasli with simple interest at 6.25% per annum up to date.
  • Decree will carry future interest on principal at 6.25% per annum.