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Raja V. Govinda Krishna Yachendra Bahadur Varu Vs. M. Srinivasa Ramacharlu and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1925Mad1237
AppellantRaja V. Govinda Krishna Yachendra Bahadur Varu
RespondentM. Srinivasa Ramacharlu and ors.
Cases ReferredDoraiswamy Pillai v. Muthuswami Moopan
Excerpt:
- .....that certain plots of lands were not, as alleged by the plaintiff, within the boundaries of the village of inagaloor, of which he is the proprietor. the subordinate judge has found the suit bad for multifariousness and put plaintiff to his election on the ground that the disputes are not connected with each other. he also speaks of encroachments, but i am unable to see any reference to such in the plaint. now under the old code it was held in doraiswamy pillai v. muthuswami moopan (1904) 27 mad. 94 that a suit might be brought against a number of purchasers of different items of land distrained and sold under the rent recovery act as the cause of action, viz., the wrongful sale, was the same against all the defendants. so here in my opinion it is the decisions of the survey.....
Judgment:

Odgers, J.

1. The suit is filed against decisions of the Head Surveyor and Assistant Director of Survey under Section 13 of the Survey and Boundaries Act, 1897. The survey authorities decided that certain plots of lands were not, as alleged by the plaintiff, within the boundaries of the village of Inagaloor, of which he is the proprietor. The Subordinate Judge has found the suit bad for multifariousness and put plaintiff to his election on the ground that the disputes are not connected with each other. He also speaks of encroachments, but I am unable to see any reference to such in the plaint. Now under the old Code it was held in Doraiswamy Pillai v. Muthuswami Moopan (1904) 27 Mad. 94 that a suit might be brought against a number of purchasers of different items of land distrained and sold under the Rent Recovery Act as the cause of action, viz., the wrongful sale, was the same against all the defendants. So here in my opinion it is the decisions of the survey authorities, and it should be remarked that all the objections seem to have been dealt with in a single order both by the Head Surveyor and by the Assistant Director, that are common cause of action. The same question in the case is whether plots in the possession of each defendant are or are not included in the village of Inagaloor, and I think a right of relief in respect of the same act or series of acts (viz., the decisions referred to above) exists against them severally under Order 1, Rule 3, Civil P.C. If separate suits were brought the common question of fact would be whether the plots should be included in the village of Inagaloor. The respondents do not appear. The Subordinate Judge was wrong. His order must be set aside and the suit proceeded with.


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