PREHLAD YADAV Vs. RAMVARAN

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India filed by the petitioners is directed against an impugned order of the Court below dated 9th August, 2011 whereby an application under Order 1 Rule 10 CPC filed by them for their impleadment in an ejectment suit filed by respondent No.2 against respondent No.1 on the ground of alleged sub -letting has been dismissed.

(2.) Briefly stated the facts of the case giving rise to this petition are that the respondent No.2 claiming herself to be the owner of the suit property has filed an eviction suit against respondent No.1 on the ground of alleged sub -letting. The petitioners claiming themselves to be the owner and in possession of the suit property and denying the alleged sub -letting, had filed an application under Order 1 Rule 10 CPC for their impleadment and their said application has been rejected by the trial Court mainly on the ground that the petitioners, who are alleged to be sub -tenants by respondent No.2 in her eviction suit, are not necessary parties to be heard in the matter. This view taken by the trial Court is totally untenable and suffers from grave error. Since the petitioners 2 W.P. No.8622/11 have claimed themselves to be in possession of the suit property and that since there possession is not disputed by respondent No.2, who has filed an ejectment suit against respondent No.1, the petitioners are necessary parties to the ejectment suit filed for possession of the suit property as they cannot be deprived of their possession without giving an hearing to them, more so when they not only claimed possession, but also ownership of the suit property. In the facts and circumstances of the case, the impugned order of the Court below cannot be sustained either on facts or in law and the same is hereby set aside. The petitioners are ordered to be impleaded as party defendants in the ejectment suit filed by respondent No.2 against respondent No.1 and a hearing be given to them as per law before any orders are passed in that suit. This petition is disposed of accordingly.