This is an appeal by the Defendants in a suit for possession of land. The decree is one for joint possession in favour of five Plaintiffs. All these Plaintiffs were joined as Respondents to the appeal. The Appellants however failed to serve notices of the appeal on two of them and the result was that the Court directed the appeal to be dismissed in so far as those two Plaintiffs-Respondents were concerned. The appeal has now come before us for disposal in so far as it is directed against the remaining three Plaintiffs-Respondents.
A preliminary objection has been taken that the appeal should not be heard; because as the decree was one for joint possession of land, whatever view may be taken by this Court on the merits, the entire decree can be executed by the two Plaintiffs against whom the appeal has been dismissed. In our opinion this objection is fatal and must be allowed. The view we take is supported by the decisions of this Court in the cases of Bejoy Gopal Bose v. Umesh Chandra Bose(1) and Tarip Dafadar v. Khotejannessa(2).
The result is that the appeal is dismissed with costs.
H.C.S
Appeal dismissed.