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Basir Sheikh and ors. Vs. Fazle Karim Biswas and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported inAIR1915Cal786(1),28Ind.Cas.703
AppellantBasir Sheikh and ors.
RespondentFazle Karim Biswas and ors.
Cases Referred and Tarip Dafadar v. Khotejannessu Bibi
Excerpt:
appeal - decree for joint possession in favour of several plaintiffs--appeal dismissed against some plaintiffs--appeal, whether can be heard. - .....of this court in the cases of bejoy gopal bose v. umesh chandra bose 6 c.w.n. 196 and tarip dafadar v. khotejannessu bibi 10 c.w.n. 981.3. the result is that this appeal is dismissed with costs.
Judgment:

1. This is an appeal by the defendants in a suit for possession of land. The decree is one for joint possession in favour of five plaintiffs. All these plaintiffs were joined as respondents to the appeal. The appellants, however, failed to serve notices of the appeal on two of them and the result was that this Court directed the appeal to be dismissed in so far as those two plaintiffs-respondents were concerned. The appeal has now come before us for disposal in so far as it is directed against the remaining three plaintiffs-respondents.

2. A preliminary objection has been taken that the appeal should not be heard, because, as the decree was one for joint possession of land, whatever view may be taken by this Court on the merits, the entire decree can be executed by the two plaintiffs against whom the appeal has been dismissed. In our opinion this objection is fatal and must be allowed. The view we take is supported by the decision of this Court in the cases of Bejoy Gopal Bose v. Umesh Chandra Bose 6 C.W.N. 196 and Tarip Dafadar v. Khotejannessu Bibi 10 C.W.N. 981.

3. The result is that this appeal is dismissed with costs.


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