MASOOD Vs. MOHD YUNUS KHAN

JUDGEMENT

(1.) This revision has been preferred against the judgment and order of Civil Judge, Aligarh, rejecting the application of the revisionists under O. 1, R. 10 of the Code of Civil Procedure for being impleaded in Suit No. 661 of 1990 : Mohd. Yunus Khan and another v. Smt. Shahnaz Hussain and others.

(2.) The opposite parties 1 and 2 filed a suit against other opposite parties claiming that they purchased the land in suit from Azizuddin and the defendant-opposite-parties 3 to 7 are interfering in their possession and constructions over the land purchased by them. The defendant-opposite-parties alleged that Azizuddin had actually left the land in suit as a park and had a carved out twenty plots around the land. It was alleged that the plaintiffs were not entitled to make constructions over the land in suit.

(3.) The revisionists moved an application for their impleadment on the ground that the land in suit has been shown as a park in their sale deeds. They are interested in the park, for it is necessary for better enjoyment of their land. It was also urged that if the park ceases to exist, then this will result in untold inconvenience to the inhabitants of the locality as well as the revisionists.