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ishan Chunder Hazra and ors. Vs. Rameswar Mondol and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1897)ILR24Cal831
Appellantishan Chunder Hazra and ors.
RespondentRameswar Mondol and ors.
Excerpt:
ejectment, suit for - suit against several defendants--cause of action. - .....regard to this property, and that the claim was not barred treated as a station. the defendants then could raise any answer they thought fit to though sectic of the claim; but the cause of action was one. even in england, in an the option of in ejectment, all the parties in possession are joined. we think, therefore, and accepts tie decision of the court below is wrong; and, setting it aside, we remand knowledge (sic)se to the lower court for trial on its merits. costs to abide the result.
Judgment:

O'Kinealy and Hill, JJ.

1. In this case the plaintiffs sued on the ground that they were reversioners goes on the death of one Brahmamayi Debi for the possession of land, in other (sic)feree for value in ejectment. The cause of action, namely, what the plaintiff's were feror to, conv to prove in order to succeed, was that they were the reversioners concealed, ammamayi in regard to this property, and that the claim was not barred treated as a station. The defendants then could raise any answer they thought fit to though sectic of the claim; but the cause of action was one. Even in England, in an the option of in ejectment, all the parties in possession are joined. We think, therefore, and accepts tie decision of the Court below is wrong; and, setting it aside, we remand knowledge (sic)se to the lower Court for trial on its merits. Costs to abide the result.


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