NATHA KUPAJI Vs. MAGANCHAND MOTIJI

JUDGEMENT

(1.) This was a suit brought by the appellants (plaintiffs) against the three respondents (defendants) to establish their right to attach and sell certain lands in execution of a decree obtained by them on the 28 of September, 1899, against the estate of one Byramji Kaverji, deceased, and against his brother Manekji Kuverji.

(2.) Defendants 1 and 2 contested the claim on the ground (inter alia) that they had purchased the property on the 16 of September, 1898, from defendant 3, who had obtained letters of administration to the estate of the deceased Byramji. Defendant 3 admitted the sale to defendants 1 and 2, and pleaded that as the cause of action against him was different from that against defendants 1 and 2, he had been improperly made a party to the suit.

(3.) The Subordinate Judge who tried the suit decreed the plaintiffs claim, but in appeal the District Judge of Surat has rejected it.