SHARADA Vs. JAYALAKSHMMA AND OTHERS

JUDGEMENT

(1.) THE petitioner has challenged the order rejecting her application filed under the provisions of Order 1, Rule 10(2) read with Section 151 CPC to implead her as a co -defendant in O.S. No. 5973/2008 pending on the file of the City Civil and Sessions Judge, Bangalore City.

(2.) THE facts relevant for the purpose of this petition are as under: Respondents 1 to 3 instituted a suit in O.S. No. 5973/2008 against the 4th respondent seeking eviction of 4th respondent and for vacant possession of the suit schedule premises which is a portion of House No. 39, 13th Cross, 8th Main Road, Malleswaram. The copy of the plaint in this regard has been, produced by the petitioner at Annexure B. The 4th respondent is a tenant of the premises on a monthly rental of Rs. 11,100/ -. The property was owned by Smt. Kemparama the mother of Respondents 1 to 3 and mother -in -law of the petitioner who filed an application for impleading. The petitioner has instituted a suit in O.S. No. 2245/2003 for partition and separate possession of her share in the suit property. These facts are not in dispute.

(3.) THE objections were filed by the 3rd plaintiff denying the allegations made without disputing the relationship of the applicant. It is her claim that there is a registered Will under which they have become the absolute owners of the entire suit schedule building and there is an attornment of tenancy in their favour and she has denied about the agreement executed by the deceased husband of the applicant in favour of Respondent No. 4 on 9.1.1987, 19.2.1998 and 22.2.2000. They claim that her right is not yet determined in the suit filed by her and in the circumstances, she is not a necessary or proper party to the proceedings.