TARABAI Vs. ROOP SINGH

JUDGEMENT

(1.) The order of remand passed by the learned Single Judge in W.P. No. 9243/1999 (LR) is called in question in this Writ Appeal. The appellant herein was the applicant before the Land Tribunal. She claims that she is the tenant of the property by virtue of registered lease deed dated 08.12.1969. Respondent No. 1 herein is the landlord.

(2.) We do not find any ground to interface in the impugned order, inasmuch as the same is just and proper under the facts and circumstances of the case. If Khubu/his legal representatives are not brought on record, then the interest of the appellant will also suffer, inasmuch as she claims to be the tenant of the property in question of which Khubu is a joint owner. Without making Khubu as a party to the proceedings, the matter will not go on. If the matter proceeds without hearing Khubu or his legal representatives, then the order, if any, to be passed will be bad in law. Thus, in order to safeguard the interest of the appellant as well as to satisfy the rules of natural justice, it is just and necessary to implead either Khubu or his legal representatives (if Khubu is not alive) to the proceedings. Accordingly, the Writ Appeal is liable to be dismissed Hence, the same stands dismissed.