M.K.SULTHAN Vs. HAMEED SHAFI

JUDGEMENT

(1.) THE concurrent Judgments and decrees passed in Original Suit No.47 of 2010 by the Principal District Munsif Court, Tirunelveli and in Appeal Suit No.6 of 2012 by the Additional Sub Court, Tirunelveli are being challenged in the present Second Appeal.

(2.) THE respondents 1 to 11 as plaintiffs have instituted Original Suit No.47 of 2010 on the file of the trial Court for the reliefs of recovery of possession and mesne profits, wherein the present appellants and 12th respondent have been shown as defendants.

(3.) IN the written statement filed on the side of the defendants, it is averred that the plaintiffs have no locus standi to institute the present Suit and the District Munsif Court, Tirunelveli is not having jurisdiction to entertain the same. The father of the first defendant has been inducted into possession of the suit property on a monthly rental of Rs.600/-. The first defendant has sub-leased some portions of the suit property to the defendants 2 to 4. The fifth defendant has not been enjoying any portion of the suit property. The first defendant is ready to pay fair rent without any objection. The defendants have given befitting reply notices to the notices issued by the plaintiffs. The present Suit is bad for non joinder of necessary party, since the brother of the first defendant by name Jaferullah has not been impleaded. There is no merit in the suit and the same deserves to be dismissed.