SUBHASH CHAND GYAN PRAKASH Vs. SHRIRAM GUPTA

JUDGEMENT

(1.) THIS revision under section 115 of the C. P. C. is directed against the order dated 10-1-1984 of the Second Civil Judge (Class-II), Morena in an eviction suit (No. 68-A/1981) filed by non-applicants 1 to 8 (on 25-6-1981)against non-applicants 9 and 10 (Ramkumar and Balraj, sons of late bilayatiram) disallowing the applicant-intervener's application dated 5-1-1984 under Order 1, Rule 10 (2) of the C. P. C. for being impleaded as a co-defendant on the ground that his father late Shri Gyan Prakash was a joint-lessee of the suit accommodation.

(2.) THE in pugned order runs as follows :<IMG>km_152_mplj_1986.jpg</IMG>

(3.) THE plaint averments are that on 10-11-1951 Bilayatiram (father of N. As 9 and 10)took the suit accommodation from the plaintiffs father bhikharam on a monthly rental of Rs. 40/-, During his lifetime Bilayatiram ran, and after his death his sons (NAs 9 and 10) have been running a shop in the rented premises. The plaintiffs father-Bhikharam died on 17-1-1981. The non-applicants 9 and 10 defaulted in payment of rent from 10-1-1981. The plaintiff s demand-cum-quit notice dated 18-2-1981 on non-applicants 9 and 10 having failed, the plaintiffs filed the suit under section 12 (1) (f) of the M. P. Accommodation Control Act, 1961.