NADE ALI Vs. SHABBIR HUSSAIN

JUDGEMENT

(1.) THIS is a revision by the defendant No. 1 to 3 against that part of order dated 15.3,2000 of the 11th Additional District Judge, Jabalpur in Civil Suit No. 58 A of 1997 by which it has been held that the suit is not bad for misjoinder of parties and causes of action.

(2.) THE plaintiffs claim that they are owners of the house in dispute on plot No. 33, Jawaharganj, Jabalpur; the defendants No. 1 to 3 are their tenants in one shop; defendant No. 4 is tenant in another shop and the defendants No. 5 to 7 are their tenants in the third shop, the defendants No. 1 to 3 were recovering rent of the two other shops from the defendants No. 4 to 7 and were remitting the same to the plaintiffs and the defendants No. 1 to 3 have now started claiming that they are co owners of this house. The plaintiffs have filed this suit for eviction against the defendants No. 1 to 3 under section 12(1) (a) and (c) of the M.P.

(3.) THE objection of the defendants No. 1 to 3 is that there is misjoinder of causes of action and the parties and, therefore, the suit as framed is not maintainable. The trial Court has overruled this objection. After hearing the learned counsel for both the sides this Court is of the opinion that the impugned order is correct. The common thread which runs against all the defendants is that the plaintiffs claim that they are owners of all the three shops and the defendants are their tenants and the declaration of intention by the defendants No. 1 to 3 that they are co owners and. entitled to recover rent frorn the other defendants.