S.B.SINHA - (1.) This second appeal has been referred to the Division Bench by an order dated 30th April, 1974 stating :-"One of the points involved in this appeal is whether a co-shares of an immovable property is entitled to maintain an action for trespass against a wrong-doer and whether in such circumstances the Court should give the plaintiff-cosharer a decree for joint possession with the trespassor the court should give such a decree for joint possession the other co-sharers who might have been impleaded as pro forma parties in the suit.My attention has been drawn to various decisions, namely, (1929) 49 Cal. LJ 83 : (AIR 1929 Cal. 28), 58 CLJ 133-34 (1970) 74 Cal.WN 622 : (AIR 1970 Cal 444) and AIR 1930 Cal. 113, which not take consistent view on the points. In my view, the points involves in the appeal are of sufficient importance to be considered by the Division Bench. Therefore, refer the appeal to the Division Bench."
(2.) . The defendant is the Appellant in this appeal.
(3.) . The plaintiff-respondent No. 1 has filed a suit against the appellant herein claiming interm alia for a declaration that the plaintiff has 1/3rd interest in the suit properties.;