SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1971 Supreme(All) 136

K.B.ASTHANA
Kali Charan – Appellant
Versus
Ganesh Prasad – Respondent


Advocates:
A.N. Varma and S.N. Varma, for Appellant; M.P. Singh, for Respondents.

JUDGMENT : These two appeals can be decided by a common judgment as a common question of law arises.

2. The plaintiff respondent admittedly is the landlord, while the respective defendants appellants in the two appeals are tenants in separate portions of a house on separate engagements. What the plaintiff landlord did was that after terminating the respective tenancies of his two tenants in the separate portions of the house, filed one single suit for their eviction pleading a separate cause of action against each based on their separate engagement of tenancy. An objection was raised on behalf of the defendants that the suit was incompetent as the provisions of O. 1, R. 3 of the C. P. Code did not permit a single suit against the two defendants who could not be joined in one single suit as defendants, as the right which the plaintiff asserted against each of them was based on different transactions and not on a common transaction. The learned Munsif rejected the plea on the ground that since the house in which the two separate tenancies were created in favour of the two defendants was one single unit of which the plaintiff was the owner, the two defendants could be joined in one sui





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top