KULDEEP SHARMA Vs. MAHESH PRASAD RASTOGI

JUDGEMENT

(1.) Heard Sri R. K. Sharma, learned counsel for the petitioner and Sri R. N. Tilhari, learned Counsel appearing for the opposite parties.

(2.) By means of instant writ petition, the petitioner is challenging the order passed by the District Judge, Sitapur in S.C.C. Revision No. 30 of 2000 dated 20.1.2001 by which he allowed the application for impleadment moved by the opposite party no.1.

(3.) Learned counsel for the petitioner submits that the petitioner is the owner of House No. 453, Mohalla Thompsonganj, City Sitapur, Pargana Khairabad, Tahsil and District Sitapur which was purchased from one Uma Shanker Mehrotra by a duly registered sale deed dated 11.11.1999. The western portion of the house in dispute was rented to late Sunder Lal Gupta by the erstwhile owner and after his death, the tenancy was succeeded by his son Prem Shanker and Smt. Gomti Devi, who are parties to the writ petition, but they illegally and unauthorizedly sub-let the western portion of the house in question to the opposite party No.1 without the consent of either the erstwhile owner or the petitioner. Therefore, the petitioner by a registered notice dated 11.2.2000 terminated the tenancy of opposite party nos.2 and 3 in respect of the house in dispute asking them to vacate the accommodation within a period of 30 days from the date of receipt of notice. Though the said notice was served upon them, yet they did not vacate the house in dispute. Under the compelling circumstances, the petitioner filed S.C.C. Suit No. 8 of 2000 in the Court of Judge, Small Causes, Sitapur for recovery of arrears of rent and ejectment. During pendency of Suit, Mahesh Prasad Rastogi/opposite party No.1 moved an application under Order 1 Rule 10 CPC alleging that he was a tenant of the portion in dispute alongwith Prem Shanker and Smt. Gomti Devi and has been doing the business of electrical goods for the last 30-35 years. Previously, he was paying rent to Uma Shanker Mehrotra and now after the sale, Kuldeep Sharma (petitioner) has become landlord and he has become tenant of the petitioner. He further alleged that Prem Shanker and Smt. Gomti Devi have vacated the house and have colluded with the petitioner. The petitioner has filed the Suit in order to illegally dispossess him from the house. The opposite party No.1 also alleged that in order to save his dispossession, he filed a Regular Suit No. 59 of 2000 for permanent injunction restraining the petitioner from dispossessing him from House No. 453, Greekganj (Thompsonganj), Sitapur till his tenancy is not legally determined.