SAKHARAM Vs. TUKARAM

JUDGEMENT

(1.) THE plaintiff obtained possession of certain fields in execution of a decree on a day when crops were standing in the fields. The defendants,., alleging that they were lessees of the judgment-debtor, prevented the plaintiff from taking the crops. Proceedings under Section 145, Criminal P. C, followed, the crops were sold and the proceeds were held by the criminal Court which ordered that they should be paid to the defendants. The plaintiff sued for the sale-proceeds, Rs. 5,250. The main defence was that the lessees were bona fide transferees, and the leases were binding on the plaintiff. The learned Sub-Judge has held that the defendants are bona fide lessees, but that the leases are not binding on the plaintiff. The suit was decreed, and the defendants appeal.

(2.) THE ground that the suit was bad for misjoinder is hardly pressed. Order 1, Rule 3, appears to me to permit the joinder. The main ground of appeal is that the plaintiff decree-holder is bound by the leases.

(3.) BUT finally he had to lease out his lands. This explanation appears to be natural.