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Vavuttu Naicken Vs. Venkata Sesha Aiyar and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1914Mad119(1); 24Ind.Cas.806
AppellantVavuttu Naicken
RespondentVenkata Sesha Aiyar and anr.
Cases ReferredRaja Ram v. Ram Roy
Excerpt:
civil procedure code (act v of 1908), section 60 - pensions act (xxiii of 1871). section 11--'pension', meaning of--execution attachment--jagir--land granted without power of alienation--crops on such land whether attachable in execution of decree. - .....in that case, when a tenant has dealt with a co-owner as sole landlord he may, by so dealing, be estopped from denying the title of the person who let him into possession. if the decision in raja ram v. ram roy 18 ind. cas. 77 : 24 m.l.j. 75 : 13 m.l.t. 106 : (1913) m.w.n. 176. goes further than this, we are unable with great respect to agree with it. no estoppel arises in the present cast :. we must, therefore, allow the appeal and remand the case to the court of first instance with a direction that the plaintiffs may be afforded an opportunity of joining such of the other trustees as are willing as co-plaintiffs and the rest as defendants.2. costs will be costs in the cause.
Judgment:

1. We think that the plaintiffs, who are some of the trustees of the Devastanam and are in management of some of the Devastanam properties and have granted leases as such managers, are not entitled to sue the tenants without making the other, managers parties. See K. P. Kunna Pisharody v. V. M. Narayanan Somayajipad 3 Ma. 234. As pointed out in that case, when a tenant has dealt with a co-owner as sole landlord he may, by so dealing, be estopped from denying the title of the person who let him into possession. If the decision in Raja Ram v. Ram Roy 18 Ind. Cas. 77 : 24 M.L.J. 75 : 13 M.L.T. 106 : (1913) M.W.N. 176. goes further than this, we are unable with great respect to agree with it. No estoppel arises in the present cast :. We must, therefore, allow the appeal and remand the case to the Court of first instance with a direction that the plaintiffs may be afforded an opportunity of joining such of the other trustees as are willing as co-plaintiffs and the rest as defendants.

2. Costs will be costs in the cause.


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