Code of Civil Procedure, 1908–Order 7, Rule 11–Transfer of Property Act, 1882–Sec. 106–Eviction proceedings–Ground of petitioner-tenants that the plaintiff is not the landlord and he obtained the preliminary decree of partition by playing fraud upon other family members–This cannot be questioned by the petitioners as they have no locus to challenge the same–R, the person to whom, the petitioners were paying rent earlier, has not alleged that the partition decree was obtained on the basis of fraud–Factums that the defendants are tenants and in possession of the suit property, are not disputed–Held, application was rightly rejected.
