Hanumanth Vajhula Jagannadha Sastry v Vajhula Annapurna Rajeswaramma

• A tenant of agricultural land faced rival claims to the rent from the appellant and from persons claiming adversely to him. A court had found in 1979 that the tenant attorned to the appellant. In 1980 the tenant filed an interpleader suit (O.S. No. 357 of 1980). The trial and first appellate courts decreed it, and the appellant filed second appeals, heard with connected rent suits.

1. Whether the tenant's interpleader suit was maintainable in view of O.XXXV R.5 CPC.

• No. Reading S.88 with O.XXXV R.5, a tenant cannot sue to compel his landlord to interplead with persons other than those claiming through the landlord. Relying on Yeshwant Bhikaji Vilankar v Sadashiv Govind Arekar (AIR 1940 Bom 414), the rival claim must be consistent with the landlord's title at the commencement of the tenancy, because S.116 of the Evidence Act stops the tenant from denying it. The suit was not a bona fide exercise. The decrees were set aside and the suit was dismissed as not maintainable.

The tenant's interpleader is confined to rival claimants who claim through the landlord; it cannot be used to put the landlord's title in issue against a stranger.