Case: Raghunandan Singh and Others Vs. Brij Mohan Singh and Others

The facts in dispute and that so far as the appellants are concerned, they were originally the zamindars of the lands in dispute and they granted Thekas to the respondents first on the 10th of July, 1933 and then on the 24th May, 1943. The interpretation of the terms of the Theka would determine the question of the status of the appellants.

Reasoning: The facts of the case before us are similar to the facts of the present case and the decision of the court is therefore directly in poi nt.A perusal of para 1 of the Theka executed on the 10th of July 1933 in favour of the Thekedars clearly shows that the lease-holders were to remain in possession of the entire agricultural land either through themselves or by arranging wit h temporary tenants and by recovering government revenue. The other Theka which was executed on 24-5-43 was almost in the same terms and clause(1) provide that the lease-holders will remain in possession of the agricultural land as lease- holders themselves and may appoint temporary tenants by receiving the governmentthe terms of the Theka, do not spell out the fact that the respondents had taken the lease for the purpose of personal cultivation only because other purposes al so are indicated as part of the Theka viz. to sublet the land or to appoint temporary tenants and the like.In these circumstances, the condition required by section 12 are clearly not fulfilled in the case of the respondents.With due respect, we are of the opinion that the view taken by the Allahabad High Court is in direct conflict with the decision of this Court referred to above and it must, therefore, be held to be incorrect.