ANANT KUMAR KARMAKAR Vs. KANCHANBEN NIRANJAN

JUDGEMENT

(1.) THE petitioner is the owner of an immoveable property known as Asha Niketan, situate at 117 -B Dadyseth Agiary Lane, Bombay 2. The 1st respondent was the monthly tenant in respect of room No. 3 on the ground floor of this property. She died on 4th January, 1978. On the date of her death respondent No. 2 who is her grand son was residing with her in the said premises.

(2.) PRIOR thereto on 22nd January, 1975 the petitioner filed in the Court of Small Causes, Bombay R.A.E. Suit No. 932 of 1975 for ejectment of respondent Nos. 1 and 2 from the suit property on the ground of arrears of rent and bona fide requirements of the petitioner. Prior to the filing of the suit a notice to quit dated 1st March, 1974 was served on respondent No. 1. Respondent Nos. 1 and 2 have filed their written statement in October, 1976 in which they have inter alia, pointed out that both the respondents are wrongly described.

(3.) UNDER Clauses 1, 2 and 3 of the proposed amendments the petitioner desires to join Omprakash Dinodia as a party defendant to the suit on the ground that defendant No, 2 (respondent No. 2) has unlawfully sublet the suit premises in the year 1980 -81 without the consent and permission of the plaintiff. By this proposed amendment he is sought to be joined as parly defendant and additional averments are sought to be made against him.