Kinkhede—This judgment will dispose of the above appeal as also Second Appeal No. 419 of 1923 between the same plaintiff and another set of tenants, namely, Tulsiram and Rama. These Second Appeals arise out of what are styled rent suits for recovery of arrears of half rents duo from the respective defendants who are respondents before me in respect of their holdings situate in mouza Awasel, Tahsil Harda, District Nimar, for the Sambat years 1977 (2nd kist) and 1978 (both kists.) In the plaint it is stated that the plaintiffs have been realising half the rents and the original malguzar realises the remaining half of the rents payable by the tenants to the proprietary body. It is not however clearly stated in what capacity the plaintiffs made those recoveries. In the pleadings also, this capacity is not disclosed although there is the admission that the plaintiffs are not the lambardars of the village. There is thus neither in the plaint nor in the pleadings, an assertion even that the plaintiffs are the landlords or at least fractional co-sharer landlords of the holdings in respect of which they sought recovery of rent from the tenants. If they were suing in a representative