RUKMINI DEVI Vs. RAMBILAS SINGH

JUDGEMENT

(1.) This appeal is by the heirs of one Parmanand Singh, who along with others,, had filed a title suit in the Court of the Subordinate Judge, Gaya, for a declaration that the order dated 14-9-1939, as finally confirmed by the appellate order dated 10-9-1940, reducing the rentals of the holdings in suit is ultra vires, illegal and without jurisdiction and not binding upon the plaintiffs.

(2.) The plaintiffs claimed the relief on various grounds including the one that all the landlords had not been impleaded in the proceedings under Section 112A, Bihar Tenancy Act, before the Revenue Courts, and, as such, the orders passed in those proceedings were ultra vires and without jurisdiction.

(3.) The defence put forward by the tenants-defendants was, that those of the landlords who had been impleaded in the proceedings-would be deemed to have represented all the landlords, and, as such, the orders passed by Revenue Courts cannot be attacked in the pre-sent suit as being one without jurisdiction.