- (1.) THIS is a defendant's appeal. The appeal has been argued by Mr. H.N. Seth for the appellants with great ability.
(2.) THE appeal arises out of a suit brought by the lambardar of village Maholi for arrears of the lambardari dues for the years 1350, 1351 and 1352 Fasli. The claim was denied on the ground that there was a perfect partition in the village in 1328 Pasli, that the patti of the defendants was separated and was known as patti No. 3, and that they, as exclusive owners of the patti, Were paying the land revenue direct to the Government and realising rents from the tenants.
(3.) THE fact that there was a perfect partition, that the lambardar had no share in patti No. 3 and that the defendants were realising rents from the tenants and paying the land revenue was not denied. But it was claimed that as the liability of the lambardar for the payment of the land revenue remained, he was entitled to get remuneration at the rate of 5 per cent. The claim was dismissed by the trial court on the ground that after the perfect partition of 1328, the lambardar was no longer entitled to claim haq lambardari. The lambardar appealed and the lower appellate court, relying on a large number, of decisions quoted in its judgment, allowed the appeal and decreed the suit. None of the cases mentioned in the judgment under appeal were referred to by either counsel as they do not seem to have much relevancy on the point before us.;