KANTABEN Vs. PARSI DAIRY FARMS

JUDGEMENT

(1.) This civil revision application questions the order made on December 13, 1983, rejecting the application of the revision-applicant for joinder as the defendant in the suit, being Long Cause Suit No. 6881 of 1982. By that order, the revision-applicants Chamber Summons in that regard has been dismissed.

(2.) The admitted positions are that the suit is filed claiming relief of injunction against the Bombay Municipal Corporation. That Corporation issues notices under section 351 of the Bombay Municipal Corporation Act, 1888 (hereinafter referred to as "the Act") followed by section 488 of the Act with regard to a shed said to have been put up at the rear side of the building in occupation of the plaintiff, situate at Princess Street in Bombay. The said premises are held by the plaintiff as lessee. The property belongs to the revision-applicant, she having purchased the same in the year 1944. Thus, the revision applicant is the landlady while the plaintiff is the tenant. As the notices were issued under the provisions of the Act and were addressed to the tenant, the suit was filed. By the Chamber Summons taken out, the landlady sought joinder as the defendant on the basis that she has every interest in the suit and further that she should be arraigned as a proper party.

(3.) By the impugned order, the Court below held otherwise.