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1926 Supreme(All) 93

DANIELS
Tulshi Singh – Appellant
Versus
Sheosaran Rai – Respondent


JUDGMENT

Daniels, J. - In these three connected appeals, No. 344, 345 and 346, there are 279 respondents. It is therefore undesirable even in the interest of the appellants that notice should issue unless there is some chance of the appeals succeeding. In my opinion the decision of the Court below is right and the appeals cannot succeed.

2. The appellants are two of the defendants. The land is cultivated tal land in the Ballia district. There have been disputes about it for a long time. According to the Munsif's judgment there was a former case u/s 145, Criminal P.C., followed by a civil suit in which the plaintiffs got a decree against the zemindars of Mairi Tar. More recently there was a case u/s 145 against the tenants of Mairi Tar. The latter got an order affirming their possession. The plaintiffs filed a civil suit. The defendants claimed to be tenants of the plaintiffs and were referred to the Revenue Court u/s 202, Tenancy Act. The revenue Courts decided against them right up to the Board of Revenue. In the meantime, the civil Court in the absence of the parties dismissed the civil suit without waiting to be informed of the orders of the revenue Court. This dismissal under Ord

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