RANJAN GUPTA Vs. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Rejoinder affidavit filed today is taken on record. Heard Sri. Yogendra Kumar Srivastava, learned counsel for the petitioner, Sri. Anurag Khanna, learned counsel appearing for respondent No. 3 and Sri. Ramendra Pratap Singh, learned counsel appearing for respondent No. 1.

(2.) By means of this writ petition, the petitioner has come up to this Court challenging the order dated 4.9.2006 passed by the trial court allowing the application for impleadment of respondent No. 3 M/s. International Recreation Park Private Ltd. filed under O. 1, R. 10, CPC and the order of the revisional court passed in the revision filed against the order of the trial court dated 22.1.2008.

(3.) The facts of the case in brief are that the petitioner who is plaintiff in suit No. 853 of 1986 filed the same for injunction restraining the New Okhla Industrial Development Authority (NOIDA) from interfering in the possession of the suit property. The petitioner claims that the said property was leased out to Indian Oil Corporation (IOC) vide lease-deed dated 18.2.1986 and the IOC sub-leased the property in favour of the petitioner and by virtue of aforesaid sub-lease, the petitioner is continuing in possession on the property in question where he has established a go-down for storing the products of IOC. The petitioner claims himself also to be the distributor of the IOC. In the aforesaid suit respondent No. 3 filed an application under O. 1, R. 10, CPC for being impleaded as a necessary party on account of the fact that the disputed property has been leased out by the NOIDA to respondent No. 3 vide lease deed-dated 5.2.2003 for establishment of an amusement park upon an area approximately 142 acres, the disputed property being within the area leased out to respondent No. 3 renders respondent No. 3 a necessary party in the aforesaid suit.