VENKAPPA BHATTA Vs. INTHRA CRASTA

JUDGEMENT

(1.) These appeals arise from O. S. 336 of 1966 on the file of the Munsiff's Court, Kasaragod. S. A. 412 of 1970 is by the second defendant therein, while S. A. 429 of 1970 is filed by the first defendant. The suit is for declaration that the plaintiff is a tenant from the family of defendants 1 to 9 in respect of plaint A schedule properties with a liability to pay the rent mentioned in the plaint. The suit has been decreed concurrently in favour of the plaintiff. The concurrent decrees are attacked in the second appeals.

(2.) Three points are raised on behalf of the appellants in both the appeals:

(3.) To appreciate the first contention, it is necessary to state some more facts. O. S. 49 of 61 on the file of the Subordinate Judge's Court, Kasaragod is a suit for partition to which the defendants were parties and the plaintiff was not a party. The plaint property was also the subject matter of O. S. 49 of 1961. A receiver was appointed therein to take possession of all the suit properties including the plaint property. The plaintiff filed RIA. 946 of 1964 in O. S. 46 of 1961 objecting to the receiver taking possession of the plain' property putting forward his tenancy right therein. That application was dismissed by the Trial Court. C. R. P. 13 of 1965 filed against that order which was beard along with C. R. P. 16 of 1965 was dismissed by Vaidyalingam, J. on 11-10-1965.