RASOOLBHAI Vs. NANDRAM

JUDGEMENT

(1.) THIS is an appeal by Rasool Bhai and five others, members of the working committee of Madarsa Mahammadia Chhoti Sadri, against the judgment and decree of the Civil Judge, Nimbahera.

(2.) THE appellants were plaintiffs before the Civil Judge. THEir case was that they entered into an agreement for sale of a Haveli and a Bara on the 17th March, 1948, for Rs. 24,500/- with Jainarain and others. THE sale deed relating to the Haveli and Bara was registered on the 6th April, 1949. THE Haveli was mortgaged from before with possession to the mortgagee, but the plaintiffs got possession of the Bara immediately after the sale-deed of 6th April, 1949. THEir case further was that they were dispossessed from the Bara by defendants respondents on the 13th April, 1949. THEreafter, the plaintiffs filed the present suit on the 3rd of August, 1949, for recovery of possession of the Bara from the defendants. It may be added that they had also filed a suit for redemption of the mortgage of the Haveli on the same date.

(3.) THESE authorities clearly establish that a vendee cannot be bound by the decision obtained in a previous suit against the vendor even though it may relate to the some property if the previous suit commenced after the sale in favour of the vendee. The principle is that the vendor having parted with his property before the suit commenced could not represent the vendee in that suit.