Babu Khan and others vs Hukum Singh and another

Allsop, Ag. C.J.

This is a Letters Patent Appeal against the judgment of a learned Single Judge of this Court. The plaintiffs were some of the zamindars in a mahal and sued the defendants for the demolition of certain constructions. The lambardar of the mahal had brought a previous suit on the same cause of action in the year 1939. The dispute had been referred to arbitration and it bad been decided that the defendants might remain in possession on payment of a sum of Rs. 150, which amount was paid. It has been held by the learned Single Judge that the decision in the previous suit was binding upon the present plaintiffs. In our judgment, this decision is right. The lambardar was entitled to sue for ejectment under the provisions of S. 245, U.P. Tenancy Act, 1939. Once he wag entitled to represent the cosharers in this matter, the decision in the suit was binding upon them even though it was the result of an award by arbitrators. We think there is no force in this appeal and we dismiss it with costs.