ASHOK KUMAR Vs. HASANALI

JUDGEMENT

(1.) THE petitioners before this Court have filed this present petition against the order dated 26.09.2014 passed in Civil Suit No. 1A/ 2014.

(2.) THE facts of the case reveal that one Hasanali has filed a civil suit for eviction of the present petitioners' (defendants) by taking shelter of the provisions of the M.P. Accommodation Control Act, 1961.

(3.) THE Trial Court has carefully considered the application for impleadment and has rejected the application of the defendants and has held that the issue whether the plaintiff' is a landlord or not, has to be established on the basis of the evidence adduced during the trial. This Court has carefully gone through the order and is of the opinion that the application was preferred by the defendants in order to delay the proceedings and the Trial Court has rightly rejected the application for impleadment of State of M.P., as one of the defendant. The order passed by the Trial Court does not suffer from any patent illegality or jurisdictional error warranting interference by this Court. The Apex Court in case of Shalini Shyam Shetty Vs. Rajendra Shankar Patil reported in : 2010 (8) SCC 329 in paragraph No. 49 has held as under: