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Srila Sri Subramaniya Desika Gnana Sambanda Pandara Sannadhi Vs. R. Ananthakrishnaswami Naidu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1932Mad688
AppellantSrila Sri Subramaniya Desika Gnana Sambanda Pandara Sannadhi
RespondentR. Ananthakrishnaswami Naidu
Cases Referred and Usman Koya v. Chidriamokkausa Akath
Excerpt:
- .....up the right of the government to the land in dispute. on an application made by the defendant the learned district munsif has ordered that the secretary of state should be made a supplemental defendant to the suit. the civil revision petition is against that order of the learned district munsif, the district munsif observed as follows, in his order:there is no force in the plaintiff's objections. as the government is a necessary party, it shall be added subject to the condition that the petitioner (defendant) shall not be liable but only the plaintiff shall be liable for costs of the government in case of dismissal of the plaintiff's suit.2. no reasons have been given why the government is a necessary party' to a suit in ejectment by a landlord of his tenant on the basis of a lease deed.....
Judgment:

Anantakrishna Ayyar, J.

1. The suit which was filed . in 1927 is based on a registered lease deed executed by the defendant, and is in ejectment, The defendant has by a supplemental written statement filed by him set up the right of the Government to the land in dispute. On an application made by the defendant the learned District Munsif has ordered that the Secretary of State should be made a supplemental defendant to the suit. The Civil Revision Petition is against that order of the learned District Munsif, The District Munsif observed as follows, in his order:

There is no force in the plaintiff's objections. As the Government is a necessary party, it shall be added subject to the condition that the petitioner (defendant) shall not be liable but only the plaintiff shall be liable for costs of the Government in case of dismissal of the plaintiff's suit.

2. No reasons have been given why the Government is a necessary party' to a suit in ejectment by a landlord of his tenant on the basis of a lease deed executed by him. Prima facie persons claiming adverse rights to the plaintiff's title should not be made parties, in the absence of special circumstances: Venkata, Ghetty v. Aiyanna Goundan [1917] 40 Mad. 561, Abdul Gafur v. Ali Miah : AIR1925Cal26 and Usman Koya v. Chidriamokkausa Akath : (1905)15MLJ368 . No special circumstances have been found by the District Munsif in his order. I am unable to uphold the District. Munsif's order, which is hereby set aside with costs. This order of mine will not in any way prejudice the defendant from raising and substantiating any valid defences he may have in law or on facts.


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