CHAMELI BAI Vs. PUSHPENDRA LAKHKARA

JUDGEMENT

(1.) Supplementary affidavit filed today is taken on record.

(2.) This writ petition has been filed against the order dated 25.7.2011 passed by the Addl. District Judge/Special Judge, SC/ST Act, Jhansi whereby an impleadment application of the petitioner has been rejected.

(3.) An application under Section 21 of the UP Act No. 13 of 1972 (hereinafter referred to as "Act") was filed by the erstwhile owner and landlord Jagannath. The said release application was rejected by the Prescribed Authority/Small Cause Court, Jhansi by order dated 23.7.2009. Being aggrieved and dissatisfied with the order dated 23.7.2009, an Appeal under Section 22 of the Act was filed. During the pendency of the appeal, the original landlord Jagannath died and the Respondent No. 1 was substituted in his place on the basis of a registered will which was executed by late Jagannath in favour of the Respondent No. 1, a real grand son of the original landlord Jagannath. Thereafter, after more than one year, animpleadment application dated 2.5.2011was filed by the petitioner, a married daughter of the original landlord late Jagannath, claiming herself to be the necessary party in the case. The said application was dismissed by the lower appellate court. Hence, the present writ petition.