LAXMIBAI Vs. RAMLAL

JUDGEMENT

(1.) THE appellate Court has confirmed the decree of the trial Court dismissing the plaintiff's suit only on. the ground that the defendant's father was the tenant of the plaintiff and after his death in the year 1974, the defendant, his mother, brother and suit all became the tenants of the · plaintiff and as they were not joined as parties to the suit. The suit was rightly dismissed by the trial Court. The appellate Court did not consider the other findings recorded by the trial Court against the plaintiff.

(2.) THE appellate Court on appreciation of eviocnce came to the conclusion that the defendant's father was the tenant of the plaintiff. This is a finding of fact based on appreciation of evidence and the learned counsel for the appellant was unable to point out any such infirmity in the finding recorded by the appellate Court which may vitiate the same.

(3.) IN the circumstances, it cannot be held that the Courts below committed an error of law in holding that the other co -tenants were also necessary parties to the suit and the suit filed by the plaintiff against the defendant alone was not maintainable. Appeal dismissed.