DATTATRAYA GOVIND SHALIGRAM Vs. GOPAL SAKHARAM PANDHARE

JUDGEMENT

(1.) In this case the plaintiffs sued to recover possession of the plaint property situate at Bhamburda revision survey No. 268, pot hissa No. 1, on the allegations that the plaintiff was entitled to six annas share in the land, and that defendant No. 1 was entitled to the remaining ten annas share, that in the year 1894 the plaintiff leased the land to the defendant on twenty years lease and the lease having expired in the year 1914 plaintiff was entitled to recover possession of the land. The plaintiff alleged in the plaint that defendant No. 1 was his tenant and the other defendants were the sub-tenants of defendant No. 1 or claiming through him.

(2.) Defendant No. 1 in his written statement admitted the correctness of the allegation made by the plaintiff in the plaint. Some of the defendants, however, stated that they did not claim through defendant No. 1 and claimed in their own right. The other defendants did not put in any written statement and some of the defendants stated that they had no connection with the land.

(3.) The learned Subordinate Judge relying on the case in Afzal Shah V/s. Lachmi Narain (1917) I.L.R. 40 All. 7 held that the plaintiffs suit was bad for misjoinder of causes of action, and directed the plaintiffs to confine their suit against defendant No. 1 only, and ordered that the names of the other defendants and the causes of actions against them should be struck off, and the plaint should be amended accordingly within ten days. The plaintiffs not having complied with the order the suit was dismissed.