SANJEEV MALIK Vs. S. MOHANJIT SINGH AND ORS.

JUDGEMENT

(1.) CM(M) No. 657/2015.

(2.) AGGRIEVED by rejection of his prayer for impleadment in Civil Suit No. 40/2009 (Old. No. 1058/2000), the petitioner Sanjeev Malik has invoked the extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India praying for setting aside the orders dated 14.11.2014 whereby the application under Order I Rule 10(2) r/w Section 151 CPC for his impleadment has been dismissed and order dated 31.03.2015 whereby the application seeking review of the order dated 14.11.2014 has also been dismissed.

(3.) WITH a view to deal with the rival contentions, it is necessary to note the brief background of the case now pending between legal heirs of Late S.Mohanjit Singh and M/s.HPCL. Suit No. 40/2009 (Old No. 1058/2000) was filed by S.Mohanjit Singh against M/s.HPCL (earlier known as ESSO Standard Eastern Inc.) claiming to be the owner in respect of an open piece of land measuring 200 X 125 X 198 X 125 ft. situated at Mile 11/1, Mathura Road, New Delhi. In para 3 of the plaint, it was pleaded that M/s. ESSO Standard Eastern Inc. was inducted as tenant in respect of the open space measuring 200 X 125 X 198 X 125 ft. vide registered lease deed dated 21.11.1964. The lease was further extended for a period of ten years but thereafter no fresh lease deed was executed or registered and the tenancy w.e.f. 01.11.1974 became month to month. The tenancy was terminated vide notice dated 01.12.1999. Despite notice, the defendant/M/s.HPCL failed to handover the actual physical possession. It was also pleaded that there was some typographical mistake in the earlier notice, hence fresh notice dated 03.03.2000 was sent clarifying the position. The prayer made in the suit was for recovery of the possession of the land measuring 2763 sq.yds. as shown red in the site plan annexed with the plaint as well for recovery of mesne profits/damages.