RAMBHAU WAMANRAO JOSHI Vs. GANESH DEORAO PATIL

JUDGEMENT

(1.) THIS revision by the plaintiffs (hereinafter called applicants) arises out of an order passed by the Court of the Sub-Judge, 1st Class, Daryapur, holding their suit as framed was multifarious, involving misjoinder of defendants and causes of action and requiring them either to elect or to withdraw the suit. The lower Court also observed that the plaintiffs have no right to claim pre-emption until the sale of the property in question by their father is set aside.

(2.) ON 29-7-1943, Wamanrao, father of the plaintiffs, transferred by sale entire land in subdivision No. 10/2 (a) in favour of Deorao, the father of the present non-applicant 1, Ganesh, for Rs. 300. Deorao, in his turn, sold away the same in favour of non-applicants 2 and 4, viz. Bajirao and Namdeo. Non-applicant 3 Hari-bhau was jointed in the suit only on the ground that he claimed to pre-empt the property sold. and that his suit for pre-emption (civil Suit No. 324A of 1943) was pending.

(3.) THE plaintiffs' claim was denied by all the defendants (non-applicants) but the only plea that is relevant for this revision is contained in the written statement of defendant 3 in these words: The sale deed dated 29-7-43 stands till it is set aside by a properly instituted suit. No suit for pre-emption lies till then. The relief of setting aside the sale or the possession on the ground of absence of legal necessity and the claim of pre-emption cannot be claimed in this suit. There is a misjoinder of causes of action and defendants. This objection was accepted by the lower Court and the plaintiffs were ordered either to elect or withdraw the suit and this is the order sought to be revised.