TRIPATHI ANAND NATH TEWARI Vs. JOKHU KURMI

JUDGEMENT

(1.) These are two connected appeals and arise out of two different suits instituted by the appellants in one case and the respondents in the other under the following circumstances:

(2.) The Original Suit No. 103 of 1925 was instituted on 2nd February, 1925, by Jokhu Kurmi and out of this the Appeal No. 1113 of 1926 arises. Suit No. 345 of 1925 was instituted by the appellants in Second Appeal No. 1120 of 1926. The memorandum of appeal however, is incorrectly drawn up and it describes the appellants as the defendants. The learned Counsel for the appellants has been permitted to correct that memorandum of appeal. The office will accordingly correct the first page of the paper-book and also the eatrie3 in the register of appeals.

(3.) The plaintiff in the earlier suit Jokhu Kurmi brought his suit on certain allegations which were subsequently changed. His original allegation was that he was in possession of a certain site and certain buildings thereon, adversely to the defendants in the suit, who are the zemindars, namely, the Tripathis of the village. Subsequently, the Court permitted him to amend the plaint, and the position taken in the amended plaint was that Jokhu Kurmi held the land under a license. Before this amendment was allowed by the Court the Tripathis filed the Suit No. 345 of 1925 with the prayer that Jokhu Kurmi might be ejected, inasmuch as he had denied the title of the Tripathis.