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Shri. Madhav Shankar Revankar vs Shri. Shivayogappa Basappa Bellad on 26 September, 2024

In the case of Kalyan Kumar Bera Vs. Milan Kumar Khutia and Others (supra), the facts are that defendants are five trespassers. The plaintiff has filed suit for possession only against one trespasser. Therefore, in this context it was held that the suit for possession only against one trespasser is not maintainable and effective decree could not have been passed without impleading other trespassers. Here the facts and circumstances in the present case are different from the above stated case. In the present case, the appellant is not trespasser, but appellant and tenant are lessees and they have commonly inherited through their father. Therefore, above cited judgment is also not applicable to the present case.
Karnataka High Court Cites 2 - Cited by 0 - H Sanjeevkumar - Full Document

Shri. Madhav Shankar Revankar vs Shri. Shivayogappa Basappa Bellad on 26 September, 2024

In the case of Kalyan Kumar Bera Vs. Milan Kumar Khutia and Others (supra), the facts are that defendants are five trespassers. The plaintiff has filed suit for possession only against one trespasser. Therefore, in this context it was held that the suit for possession only against one trespasser is not maintainable and effective decree could not have been passed without impleading other trespassers. Here the facts and circumstances in the present case are different from the above stated case. In the present case, the appellant is not trespasser, but appellant and tenant are lessees and they have commonly inherited through their father. Therefore, above cited judgment is also not applicable to the present case.
Karnataka High Court Cites 2 - Cited by 0 - H Sanjeevkumar - Full Document
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