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

Citation: [1969] 2 S.C.R. 360 · Decided: 10-10-1968 · Supreme Court of India · Bench: S.M. SIKRI · Disposal: Case Partly allowed

Judgment (excerpt)

RAMA SHANKAR SINGH & ANR. 
v. 
MST. SHYAMLATA DEVI AND ORS. 
October 10, 1968 
[S. M. S!KR! AND K S. BACHAWAT, JJ.] 
Indian Contmct Ac.t (9. of 1872), s. 43-Liability 
to 
pay 
rent-
lf joint. 
Bihar Tenancy Act, ss. 67(1), 184 and 193-Limitation-Piea not 
taken in written statement-Arrears of rent-Rate of interest. 
The plaintiffs defendants 5 to 7 and the ancestor of defendants 8 to 
13 leased the forest rights in their villages to defendants 1 and. 2 at an 
annual rental. 
The deed mentioned the share of each lessee and the 
annual rent for the purpose of indicating what amount would be con-
tributed by each of them towards the rent jointly payable by them. It 
was stated in the lease that the entire lease would be terminable on de-
fault of payment of rent for two consecutive years and the lessee shall 
pay interest at Re. 1 per cent in case of defualt, and that the lessors 
either separately or jointly shall realise the amount according· to their 
choice. 
Defendant 3 was a transferee of a portion of lessees' 
interest 
from defendant I. 
The plaintiff-lessors filed a suit in September 1954 
claiming a decree of their share of rent for 1356 to 1360 Fasli and 
interest thereon. 
The plea that suit was barred by limitation was 
not 
taken in the written statement. 
Defendant 2 died and his heirs 
were 
substituted as defendants 2 and Z(a). 
The trial court decreed the suit. 
On appeal, the High Court held that (i) the defendants 1 to 3 were liable 
to pay the amount of the annual rent up to the extent of their respective 
shares; (ii) as the lease deed granted a lease of forest rights, the suit was 
governed. by Art. Z(b) (1) of Schedule III of the Bihar Tenancy Act, 
1885 and consequently the suit in respect of rent for 
1356 and 
1357 
Faslis was barred by limitation; and (iii) in view of s. 67 of the Bihar 
Tenancy Act the plaintiffs could claim at the rate of 6{% per annum 
only. 
In appeal, this Court, 
HELD : The defendants 1 to 3 were jointly and severally liable to 
pay the plaintiff's share of the rent for 1358, 1359' and 1360 Faslis and 
simple inte'rest thereon at 6!% per annum up to date. 
(i) The deed mentioned the share of each Jesse!' 
and the annual 
rent for the purpose of indicating what amount would be contributed by 
each of them towards the rent jointly payable bv them. The joint liability 
of the lessees was clearly indicated by the pro,;sion that the entire lease 
would be terminable on default on payment of rent for two consecutive 
years. 
Having regard to s. 43 of the Indian Contract Act, 1872 defen-
dants 1 and 2 were jointly and severally liable to pay the rent. and the 
liability of defendant 3 stood on the same footing. [362 H-363B] 
(ii) Under s. 184 of the Bihar Tenancy Act a suit instituted after the 
expiry of the period of limitation is liable to be dismissed though limita-
tion is not pleaded. 
The respondent was rightly allowed to raise the 
A 
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B 
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A 
B 
R, s. SINGH v. SHYAMLATA (Bachawat, J.) 
36 J 
point of limitation though the plea was not taken in the written state-
ment. [363 CJ 
The lease-deed granted a lease in respect of forest rights only. It 
gave the lessees the right to cut and appropriate trees of certain types 
and the fruits and flowers of certain fruit bearing trees. 
The right to 
open roads and to construct buildings were incidental to the right to en-
joy a forest produce. The suit was for recovery of rent in respect of 
forest produce and having regard to s. 193 of the Bihar Tenancy Act 
was governed by Art. 2(b)(l) of the Schedule III therefore. The special 
period of limitation applied though the claim for arrears of rent 
was 
claimed on a registered document. [363 D-F] 
The suit in respect of rent for 1356 and 1357 was barred by limita-
tion. 
C 
Abdulu/lah v. Asraf Ali, 7 C.L.J. 152, Bande Ali Fakir v. 
Amud 
Sarkar, 10 C.W.N. 415 and Mackenzie v. Haji Syed Muhammad 
Ali 
Khan, l.L.R. 19 Cal. I, approved. 
(iii) Interest was payable at the rate of 6}% per annum only. 
By 
s. 193 of the Bihar Tenancy Act all the provisions of the Act applied to 
the suit. 
Section 67 (1) provides that arrears of rent shall bear simple 
interest at the rate of 6}% per annum. The section overrides the con-
D 
tractual stipulation that the interest be payable at· I% 
per 
annum. 
E 
F 
[363 F-G] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 23 of 
1966. 
Appeal from the judgment and decree dated 

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