ABHIJIT Vs. VIJAY

JUDGEMENT

(1.) Heard Mr. Sohoni, learned Counsel for the petitioner, Mr. Chawhan, learned Counsel for respondent No.1 and Mr. Naik, learned Counsel for respondent No.2.

(2.) The present petition challenges the order dated 22.03.2018 passed by the Trial Court, on an application under Order I, Rule 10 r/w Order VI, Rule 17 of the Code of Civil Procedure for adding the present petitioner as a party defendant to Special Civil Suit No. 102/16, which is a suit for eviction, filed by the present respondent No.1 against the respondent No.2 on the ground, that the lease executed between respondent No.1 and respondent No.2, dated 11.09.2007, has expired on 30.11.2016, by efflux of time, which application came to be rejected by the Trial Court.

(3.) It is the contention of the learned Counsel for the petitioner, that a suit for partition and separate possession, has been instituted by the present petitioner along with other persons against the respondent No.1 and others, bearing Special Civil Suit No.139/2006, in which the property bearing Nazul plot No.2, Sheet No.55, at Alsi plot at Akola is also the subject matter. It is further contended that on 30.11.2016, an agreement of lease had been executed between the petitioner and M/s Vazeefbdar and sons, a partnership firm, which is a dealer of H.EC.L. in respect of the Nazul plot No.2 and therefore, for this reason also the petitioner was a proper and necessary party to the suit of eviction.