BANDIKATTA SATYAVATHI Vs. BANDIKATTA VENKATA RAO

JUDGEMENT

(1.) In this application, the petitioner herein has questioned an order dated 10th December, 1997 passed in I.A.No. 1827 of 1997 arising out of O.S.No: 362 of 1997 whereby and whereunder the application filed by the 1st respondent herein for impleading himself as a party to the suit was allowed.

(2.) The plaintiff-petitioner filed a suit against the 2nd respondent-defendant being O.S.No. 362 of 1997 only for realization of arrears of rent. The third party-respondent filed the application for impleading himself as a party, inter alia, on the ground that the petitioner's husband has executed a Will in his favour. Before the learned trial Judge, a contention was raised on behalf of the petitioner relying on the basis of a decision in Mujta Bai Begum vs. Mehbub Rehman (AIR 1959 M.P. 359), that the plaintiff cannot be forced to add a person as a party against his Will.

(3.) The learned trial Judge arrived at a finding of fact that by filing documents the third party-respondent had established that he is the absolute owner of the entire schedule property.