A N SRINIVASAN Vs. C N SIVAKOLUNDU CHETTIAR

JUDGEMENT

(1.) THESE revisions are preferred against the order made in I. A. Nos. 817 and 818 of 2003 made in O. S. Nos. 255/2003 and 257/2003 on the file of the District Munsif Kanchipuram dated 04. 11. 2003, allowing the petitions filed under Or. 1 R. 10 (2) CPC to implead Respondents 1 to 4/landlords as Defendants 2 to 5. The first Defendant/tenant is the Revision Petitioner.

(2.) O. S. NO. 255/2003 and 257/2003 :-In both cases, case of the Plaintiffs is that they are cultivating tenants under the Defendant Srinivasan. M/s. Sivakozhundu Chettiar, Namasivaya Chettiyar, Thirunavukkarasu and Sambanthamoorthy Chettiyar of Kanchipuram are the owners of a number of items of suit properties and the vast extent thereon. Plaintiff is cultivating tenant under the original tenant Defendant. Defendant has been trying to dispossess the Plaintiff from schedule mentioned properties. Hence the Plaintiffs have filed the suit against the original tenant viz. , the Defendant - Srinivasan.

(3.) DEFENDANT - Srinivasan has been cultivating tenant under the above said Landlords/petitioners in I. A. Nos. 817/ 2001 and 818/2001. For convenience, the proposed parties are herein after referred as Petitioners/landlords. Since the Petitioners/landlords were impleaded as parties to the suit O. S. Nos. 255 and 257/2003, the Petitioners/landlords have filed applications I. A. Nos. 817 and 818 of 2003 to implead themselves as Defendants 2 to 5 in the above suits. According to the Petitioners/landlords, the suits have been filed by the Plaintiffs in collusion with the Defendant/ Srinivasan. It is further alleged that the Petitioners/ Landlords are necessary parties to the suit and that any judgment in the suit would affect their interest and hence, seek to implead themselves as Defendants 2 to 5.