JUDGMENT - SIRPURKAR V.S., J.:—Admit. Heard finally with the consent of the parties.

The question raised in this second appeal is as to whether the interpleader suit filed by the original plaintiff was tenable and further whether in that suit, the plaintiff could challenge the title of his original landlord and derivative title of the respondent No. 2 Bhopalsingh Khatod.

2. A suit came to be filed by the plaintiff Mangal Bhikaji Nagpase (appellant herein) under section 58 and Order 35 of the Code of Civil Procedure, in respect of plot Nos. 127/3, 129/2 and 129/4, - sheet No. 15, Block No. 40, Nazul Ward-Bhanapeth, Chandrapur. In that suit, original defendant No. 2 Bhopalsingh Khatod (respondent No. 2 herein) filed two applications, being Exhibit 20 and Exhibit 28, and the plaintiff had filed an application for amendment of the plaint, vide Exhibit 32. The trial Court held on the applications made by respondent No. 2 that there was no cause of action in favour of the appellant/plaintiff to file the suit and the suit was untenable and barred by law as the filing of the suit amounted to the denial of title of the landlord by the plaintiff. The plaintiff's application (Exhibit 32) for th

Click Here to Read the rest of this document