1. The present second appeal has been preferred against a judgment of affirmance, whereby both the courts below dismissed the suit of the plaintiffs/appellants, for declaration of title and permanent injunction, primarily on two grounds. First, both the courts held that the suit was bad for non- joinder of the other co-owner, being the brother of the appellants, and secondly, that the suit property, as per the description in the plaint, was unidentifiable.

2. Learned counsel appearing for the appellants cites India Umbrella Manufacturing Co. and Ors. vs.

Bhagabandei Agarwalla (Dead) By Lrs. Savitri Agarwalla (Smt) and Ors. reported at (2004) 3 SCC 178 for the proposition that it is well-settled that one of the co- owners can file a suit for eviction of a tenant in the property generally owned by the co-owners. It was further held that this principle is based on the doctrine of agency and one co-owner filing a suit for eviction against the tenant does so on his own behalf in his own right and as an agent of the other co-owners. The consent of the other co-owners is assumed as taken unless it is shown that the other co-owners were not agreeable to eject the tenant and the suit was fil