MAHABIR PROSAD Vs. RAM TAWAKAL

JUDGEMENT

(1.) THE two appeals Nos. 426 and 427 are connected and they arise out of two suits brought by the appellant, who is the lambardar of the village. He sued as lambardar for the recovery of the entire rent due for the year 1319 fasli and part of the year 1320 Fasli. One of the pleas in defence was that under Section 194 of Act II of 1901 the plaintiff; could not sue alone. This objection was allowed by the first Court and the claim was decreed to the extent of the plaintiff s share. On appea the learned District Judge affirmed the decree of the first Court. THE lambardar has come up in second appeal to this Court and contends that he can sue alone with out joining the other co-sharers of the village. He relies on the full Bench case of Gulzari Mal v. Jai Ram 24 Ind. Cas. 178 : 12 A.L.J. 606 : 36 A. 441 THE contention for the appellant must prevail in view of the case relied on by him. I, therefore, accept the appeal, set aside the decree of the lower Appellate Court and remand the case for trial on the merits. Costs of this appeal will abide the event.