SHAFIQ AHMAD Vs. VTH ADDITIONAL DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) -

(2.) SHAFIQ Ahmad has preferred this writ petition under Article 2?6 of the Constitution of India praying that the order passed on 29-11-1985, passed by the 5th Additional District & Sessions Judge, Varanasi in Case No. 2 of 1983, be quashed. The facts lie in a very narrow compass. Smt. Hamida Bano (opposite party no. 2) initiated proceedings for ejectment of Smt. Shakila (opposite party no. 3) which became the subject matter of consideration in the aforesaid suit no. 2 of 1983. The petitioner made an application in the said proceeding for being impleaded as a plaintiff on the ground that Smt. Hamida Bano has made an oral gift of the suit property to him and, therefore, the petitioner claimed that his name be substituted in place of the original plaintiff. This prayer was rejected by impugned order, hence this writ petition.

(3.) IT is apparent that though Smt. Shakila, as tenant, has attorned Smt. Hamida Bano, as landlady, it has been argued that the petitioner appears to be in league with Smt. Shakila the tenant and has been set up by her to fasten a false plea since at no point of time any oral gift was made by Smt. Hamida Bano in favour of the petitioner. On these facts it has been argued that the petitioner is not entitled to any relief whatsoever.