JAWAHARLAL Vs. SARASWATIBAI BABULAL JOSHI

JUDGEMENT

(1.) This revision application by the original defendant is directed against the order passed by the trial Court permitting non-applicant No. 5 who claimed to be the assignee of the interest of the opponents Nos. 1 to 4-original plaintiffs, to continue the suit under Order 22, Rule 10 of the Code of Civil Procedure.

(2.) The opponents Nos. 1 to 4 brought Small Cause Suit No. 684 of 1981 for possession against the applicant the ground that permission to determine the lease of the applicant was obtained but the opponents Nos. 1 to 4 from the Rent Controller and pursuant to that permission a notice to determine the lease was issued. The suit was resisted by the applicant contending that the notice had been waived by the opponents Nos. 1 to 4 and they agree to continue the lease. The opponent No. 5 filed an application under Order 22, Rule 10, Civil Procedure Code for leave to continue that suit by being added as plaintiff No. 4 . According to him, the opponents Nos. 1 to 4 assigned their Interest at well as the right to continue the suit to him by the sale deed dated 29-1-1982 and in view of the assignment and devolution of interest upon him he was entitled to continue the suit.

(3.) The application was resisted by the revision-applicant on the ground that the notice had been waived by the opponents Nos. 1 to 4 and so the permission granted by the Rent Controller to determine the lease would not enure for the benefit of the opponent No. 5. The trial Court held on the basis of the certified copy of the sale deed produced by the opponent No. 5 and his affidavit that there was an assignment of the interest of opponents Nos. 1 to 4 in favour of opponent No. 5 and granted him leave to continue the suit.