JUDGMENT - Kotwal, C.J.

(This reference to a Full Bench has been occasioned by a conflict of decisions of this Court in Channappa Girimalappa v. Bagalkot Bank, AIR 1942 Bom 338 and Rama Kallappa Pujari v. Saidappa Sidrama Pujari, AIR 1935 Bom 306). In both the cases the judgment is that of Sir John Beaumont, Chief Justice. The original question referred simply posed for out determination the conflict between these two decisions. In short which of them was right but after some preliminary discussion and with the consent of counsel for both the parties, we have reframed the question in order to bring out the real controversy between the parties in the litigation from which these two appeals have been filed. The question that we have now to determine is :-

Is the plaintiffs suit maintainable having regard to the provisions of O. 2, R. 2 and O. 2, R. 4 of the Code of Civil Procedure ?

2. The question arises upon the following facts : Gangabisan Sikchi was the owner of Kamal Theatre in Amravati town. He leased it out on 20-1-1945 to Shankarlal Rathi. The lease was for a period of ten year commencing from 20-1-1945 and is evinced by a registered rent note dated 6-1-1946 (Ex. P - 3). In 19

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