LATEEF AHMAD Vs. WAQF MADARSA AND OTHERS

JUDGEMENT

(1.) Heard Sri K.K. Arora, the learned counsel for the applicant and Sri Mahtab Alam, the learned counsel for the respondent.

(2.) The plaintiff filed a suit for eviction and for possession on the ground that the defendant is his tenant and that he had not paid the rent. The defendant filed a written statement alleging that the plaintiff was not his landlord. Issue No. 1 was framed as to whether the plaintiff is the landlord or not and whether the defendant is the tenant or not. The trial Court decreed the suit holding that the plaintiff is his landlord and that the defendant is the tenant.

(3.) The defendant, being aggrieved by the judgment and decree of the trial Court, filed an appeal and during its pendency filed an application for the amendment of his written statement praying for the incorporation on paragraph-24A to the effect that the Society of Ansari Biradri namely, Jameatul Ansari is a necessary party and that the suit is bad for non joinder of a necessary party. This application was rejected by the lower appellate Court. Consequently, the present writ petition.