LAWS(GJH)-2022-6-1515

MAFATLAL JESANGBHAI VAGHELA Vs. RANA JAVANJI CHELAJI

Decided On June 22, 2022
Mafatlal Jesangbhai Vaghela Appellant
V/S
Rana Javanji Chelaji Respondents

JUDGEMENT

(1.) Challenge in this petition under Article 227 of the Constitution of India to an order passed by the learned Principal Senior Civil Judge, Palanpur, dtd. 14/12/2021, below exhibit - 37, whereby the petitioner has prayed for being joined as party in the suit under Order I Rule 10 of the Code of Civil Procedure, 1908, which came to be rejected.

(2.) Heard Mr. M.B.Rana, learned advocate for the petitioner. He has submitted that the suit filed by the plaintiffs claiming ownership to the suit property by adverse possession which is being used by the petitioner and his community members as a cremation ground. Therefore, he has submitted that they are having an interest in the suit property and therefore, petitioner is the necessary as also a proper party to be joined in the suit filed by the respondent Nos.1 to 14, being original plaintiffs. He has further submitted that there are several proceedings initiated at the instance of the petitioner for the unauthorized use of land by respondent Nos. 1 to 14, which has ultimately led to filing of present suit by them against respondent Nos.15 to 18. He has therefore, submitted that he is having interest in the suit property and petitioner and his community members is having beneficial use thereof, he could not be treated as stranger to the same, and therefore, petitioner being necessary and proper party to be joined in the suit, his application exhibit- 37 could not be rejected by the Trial Court.

(3.) Having heard the learned advocate for the petitioner and perusing the impugned order as also the documents annexed with it, it is undisputed that the petitioner claims right over the property without any title as he and his community members using the same since the time immemorial as owner to it. If that is the ground to be joined as party in the suit filed by respondent Nos.1 to 14, they can also prefer an independent suit claiming title to the property, which is being used by them since time immemorial by adverse possession, like respondent Nos.1 to 14 have filed the same. However, they are neither necessary nor a proper party to be joined in the suit preferred by respondent Nos.1 to 14, claiming title to the suit property by adverse possession. Even if, they claim to use the said property since number of years, they may also file a separate suit claiming the title to the property by adverse possession. The grievance voiced in this petition is that the plaintiffs are also not having title to the property where suit is filed claiming the same, it is very property which is being used by the petitioner and his community members and therefore, with a view to avoid multiplicity of proceedings, petitioner is required to be joined as party to the suit. The said submission is not correct when on the ground of user of a land since time immemorial they have to claim the title to the property, that too, by adverse possession against the rightful owner and they can never be permitted to be joined in the suit filed by respondent Nos.1 to 14 being neither necessary nor a proper party.