SMT. KAMLA Vs. DISTRICT JUDGE, HARDWAR AND OTHERS

JUDGEMENT

(1.) In these two petitions, the parties are common and a similar dispute has been raised. They have, therefore, been heard together and are disposed of by a common judgment.

(2.) I have heard Sri B.C. Roy, Advocate, being brief from Sri Rajesh Tandon, learned Counsel for the petitioner and Sri Arun Prakash, learned Counsel for the respondent.

(3.) The respondent No. 3 Sri Ravi Mohan purchased an immovable property from one Ghan Shyam Singh and filed suit No. 2 of 1982 against respondent No. 4 Ratan Singh for the later's eviction. The suit is based on the relationship of the landlord and tenant and was instituted in the Court of Judge, Small Causes, Haridwar. Another suit being suit No. 5 of 1992 was instituted by the said Ravi Mohan Pradhan against the said Ratan Singh in the Court of VIIth Judge, Roorkie for a permanent injunction to restrain the said Ratan Singh from interfering in the plaintiff's possession over a portion of the said property. In these suits, Kamla Devi, the present petitioner moved applications for impleadment alleging that she was the legal heir of Smt. Parvati Devi, who was the owner of the disputed property and had inherited the said house from Smt. Parvati Devi on the basis of a Will. These applications were rejected by the two Courts and the revision petitioners preferred by the present petitioner before the District Judge have been dismissed. Both the Courts below have held that the petitioner is neither a proper nor a necessary party to the said suits.