KAMAL RAJ PATPATIYA Vs. HAR BAI SAHU

JUDGEMENT

(1.) The present petition is directed against the order dated 4.10.2001 passed by the prescribed authority/J.S.C.C. Jhansi in P.A. Case No. 62 of 2007, Smt. Har Bai Sahu v. Parvesh Chandra Patpatiya whereby it has rejected the application filed by the present Petitioner for his impleadment in release proceedings under Section 21(1)(a) of the U.P. Act No. 13 of 1972 (hereinafter referred to as 'the Act').

(2.) Indisputably Sri. Sikandar Lal Patpatiya, the father of the Petitioner was the tenant of the disputed shop. He died on 15.2.2004 leaving behind, inter alia, the Petitioner as well as the opposite party No. 2 (sons) as his legal heirs. The release application which was registered as P.A. No. 62 of 2007 was filed by the land lady namely Smt. Har Bai Sahu (Respondent No. 1) against the opposite party No. 2 (one of the son of the original tenant late Sri. Sikandar Lal Patpatiya).

(3.) The opposite party No. 2 is contesting the release application. After almost three years an impleadment application was filed by the present Petitioner. It was pleaded therein that he, being one of the heirs of the deceased Sri. Sikandar Lal Patpatiya, is entitled to be impleaded under Order I, Rule 10 of the Code of Civil Procedure. The said application was contested by the opposite party No. 1, the land lady on the ground that it is mala fide and has been filed just to delay the proceedings. It was also pleaded that the release application is being contested by Sri. Pravesh Chandra Patpatiya who alone is doing the business in the disputed shop.