LAWS(RAJ)-1974-7-7

HARIRAM FATANDAS Vs. KANHAIYA LAL

Decided On July 10, 1974
HARIRAM FATANDAS Appellant
V/S
KANHAIYA LAL Respondents

JUDGEMENT

(1.) THIS revision petition of the defendants is directed against the finding of Additional Munsiff No. 2, Bhilwara, dated May 22, 1973, by which he rejected their plea regarding mis-joindar of parties and causes of action. The controversy centres round the following facts.

(2.) ONE Lal Mohammad, who is not a partv to this case, was the owner of a plot of land which he let out to the defendants on a rent of Rs. 50/- per mensem, with effect from October 1, 1968. The four plaintiffs (who joined in the suit) alleged that the said Lal Mohammad sold four different portions of that plot to them, by four separate sale-deeds dated April, 1, 1971, and asked the defendants, by a registered notice dated April 7, 1971, to attorn to them. The plaintiffs thereafter instituted the suit, which has given rise to the present petition, on August 3, 1971, for the eviction of the defendants, on the ground that they required their respective portions of the plot for their reasonable and bonafide use. They also prayed for the recovery of Rs. 150/-on account of arrears of rent, for a period of three months, and damages. The defendants raised a number of pleas one of which was a plea relating to mis-joinder of parties and causes of action which gave rise to issue No. 8. As that issue has been found by the trial court against the defendants, they have approached this court by why of the present revision petition.