MUNSHI IMAM-UD-DIN CHAUDHRI Vs. DANESH MAHAMMAD

JUDGEMENT

(1.) The plaintiff and the defen-dant No. 2 are the owners of a jote in undivided share, plaintiff s share being 10 annas and odd, and that of defendant No. 2 a 5 annas and odd. Plaintiff sued to eject the defendant No. 1 to the extent of his share in the jote on the ground that the term of the lease under which the defendant No. I held his share as an underraiyat had expired.

(2.) The defence, inter alia, was that plaintiff as a co-sharer landlord was not entitled to maintain the suit for ejectment, that plaintiff was a tenure-holder and defendant No. 1 was an occupancy-raiyat and that the kabulyat executed by the defendant No. 1 was obtained by fraud and misrepresentation.

(3.) The Court of first instance held that the kabulyat was not obtained by fraud or misrepresentation, that plaintiff was a raiyat and the defendant No. 1 an under-raiyat, but that there was no separate holding under the plaintiff and that plaintiff, therefore, could not alone maintain the suit. On appeal the lower Appellate Court left the question of the status of the plaintiff and the defendant No. 1 open but, holding that there could be no eviction of an under-raiyat in respect of an undivided share of land, confirmed the decree of the Court of first instance. The plaintiff has appealed to this Court.