G. YETHIRAJULU, J.

( 1 ) THIS is a reference made by a learned Single Judge of this Court to give a finding on a question whether a Landlord can maintain a single eviction petition against the tenants of two different portions of a building leased out under two separate lease deeds in the light of Order 1 Rules 3 and 9 and Order 2 rules 6 and 7 of the Code of Civil procedure, 1908 (for short c. P. C. ).

( 2 ) BEFORE delving into the question, we wish to refer to the relevant provisions of C. P. C.

( 3 ) ORDER 1 of the C. P. C. deals with parties to a suit. Order 1 Rule 3 reads as follows :"3. Who may be joined as defendants :-All persons may be joined in one suit as defendants where- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and (b) if separate suits were brought against such persons, any common question of law or fact would arise. "order 1 Rule 5 reads follows :"5. Defendant need not be interested in all the relief claimed :-It shall not be necessary that every defendant shall be interested as to all the relief

Click Here to Read the rest of this document