KAMALA PROSAD GUPTA Vs. CHAMAN LAL AGARWALLA
LAWS(CAL)-1961-12-7
HIGH COURT OF CALCUTTA
Decided on December 04,1961

KAMALA PROSAD GUPTA Appellant
VERSUS
CHAMAN LAL AGARWALLA Respondents

JUDGEMENT

- (1.) THIS Rule arises out of a suit for recovery of possession of the disputed property from the defendants after a declaration of the plaintiff's tenancy right therein under defendants nos. 3 and 4, a declaration of determination of the defendant no. 1's tenancy under the plaintiff and a further declaration that defendant no. 2 is a trespasser.
(2.) AN objection was taken to the maintainability of the suit on the ground that it was bad for multifarious ness. This defence has been accepted by the learned trial Judge and the plaintiff has been directed to make his election whether he will proceed against the defendant no. 1 for ejectment and arrears of rent and damages or against the trespasser defendant no. 2 and the superior landlords defendants nos. 3 and 4 for the several reliefs, claimed against them.
(3.) IN the plaint, there was a specific allegation of conspiracy amongst all the defendants for keeping the plaintiff out of possession of the disputed property, but the learned trial Judge has held that this mere allegation of conspiracy would not be sufficient for. a lawful joinder of the several causes of action against the several defendants and that, accordingly, it would be no answer to the defence objection of multifarious ness. It is against this order that the present Rule has been obtained by the plaintiff.;


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