MAJOR RAMNATH Vs. RAMNATH

JUDGEMENT

(1.) THIS is the unsuccessful plaintiff's appeal from a judgment and decree of the Additional Commissioned, Jaipur, dated 28. 9. 55, which reversed a judgment and decree of the Assistant Collector, Alwar, dated 14. 7. 55, in favour of the plaintiff, whose suit for ejectment of the respondents from the land covered by khasra Nos. 78, 233/79, 338/88, and 186/2 was decreed by the trial court.

(2.) DURING the pendency of the appeal an application was submitted on behalf of Major T. N. Luther and Capt. P. N. Luther, under order. 22 Rules 10 and 11 alleging that during the pendency of the suit the land in dispute had been assigned to them by their father and in order to safeguard their interest they considered it necessary that they should be brought on the record with the leave of the court. This application was accompanied by affidavits in which it was set out that the land in dispute along with other lands situated in different villages had been assigned to them by means of a mutation on 22. 12. 1953. It was also stated in the affidavits that they had been in continuous army employment from 21st December, 1947 and 30th April, 1949 respec-tively as could be gathered from the notifications in the Gazette of India.