SYED BASHEER AHMED MALIK Vs. NAZEER AHMED

JUDGEMENT

(1.) This petition is filed by the plaintiffs in O.S No.2253/2013 which filed against the respondents herein for relief of judgment and decree directing the defendants/respondents to quit, deliver and vacate possession of the suit schedule property and for payment of arrears of rent and mesne profits, pending consideration on the file of City Civil Court CCH-3, Bengaluru. It appears that defendant No.5 filed a memo dtd. 25/11/2014 which reads as under:

(2.) Since, in the aforesaid memo the brother of defendant No.5 has averred that, he has handed over the portion of the suit property which was in possession defendant No.5, to one Smt.Lalitha, whom he claims to be the landlord, the petitioner/plaintiff filed an application in I.A No.19 under Order 22 Rule 4 read with 151 of Code of Civil Procedure seeking to bring on record, the said Smt.Lalitha as the legal representative of deceased defendant No.5.

(3.) Objection with regard to the said application field by the said proposed legal representative of deceased defendant No.5, contending inter-alia that proposed legal representative is not the blood relative to deceased defendant No.5. It is also contended that defendant No.5 has independent right, title and interest over the property and suit for ejectment as against proposed defendant would not be maintainable. That the plaintiff was required to file a comprehensive suit for declaration of title and recovery of possession. Hence, sought for dismissal of the said application.