1949  Present : Nagalingam J. and Windham J.

THANGAMMAH et al, Appellants, and KANAGASABAI et al., Respondents

S. C. 471-D. C. Jaffna, 1,105

Misjoinder-Parties and causes of action-Right of pre-emption-Separate sales by co-owners-Right to purchase-One cause of action-Joinder of plaintiffs-Civil Procedure Code-Section 11.

Plaintiffs who were each entitled to 1/4 share of a land brought an action for pre-emption of the other half which belonged to two sets of defendants, viz., the first and second defendants who by 8D1 transferred to the eighth defendant and the third to the sixth defendant who by 8D2 also trans-defendant to the eighth defendant. On an objection that there was a misjoinder of parties and causes of action.

Held, that the plaintiffs' cause of action was not the execution of deeds 8D1 and 8D2 but the violation of the plaintiffs' right, to purchase the outstanding half-share and that there was no misjoinder.

Held, further, that the right of pre-emption is based on an implied contract whereby co-owners are jointly bound to one, another. The plaintiffs were therefore joint contractors and entitled to join in one action und