PURBANCHAL ESTATE PVT. LTD. Vs. DEVENDRA KUMAR SARAWGI

JUDGEMENT

(1.) This is Revisional Application filed by Purbanchal Estate Private Ltd. (heir in after referred to as the petitioner) directed against the order passed by learned Civil Judge (SR. Division),10th Court Ailpur dated 21st Feb., 2000in Execution case No. 3 of that Court whereunder the trial Court refused allow the prayer of the petitioner for being added as party to that execution case.

(2.) The relevant fact leading to the filing of this motion are as follows. The respondent Nos. I to 6 being co-owners in respect of the suit property filed a suit in the Court of Assistant District Judge, Alipur against the respondent No. 7, a tenant under them in respect of the suit premises for his eviction therefrom which was numbered as Title Suit 60 of 1980. Ultimately the respondent Nos. 1 to 6, the plaintiffs of that suit, obtained a decree of eviction against the respondent No. 7, who was the defendant in the suit, and also a decree for mesne profits with a direction that the amount decree for further mesne profits would be determined under Order 20 Rule 12 of the Civil Procedure Code. Against that judgment and decree dated 14th Dec., 1987, the respondent No. 7 preferred two appeals before this Court. During the pendency of those two appeals, the present petitioner purchased by means of a registered deed of conveyance dated 25th July, 1992 from the respondent No. 3 his undivided share in the suit premises and became thereby co-owners in respect of that undivided share of the premises along with the other co- owners. However; the respondent Nos. 1, 3, 4, 5 and 6 filed a suit against this petitioner in the District Court at Alipur being numbered as T.S. 43 of 1993 challenging therein the legality and validity of the said deed of conveyance on the grounds inter alia that it was fraudulently obtained by the petitioner and that suit is still pending.

(3.) The respondent Nos. 1 to 6 filed an Execution Application being Title Execution Case No. 3 of 1996 before the Court of Civil Judge (Sr. Division) Alipur by way of putting the said decree of the said Court into execution deliberately keeping this petitioner out, but since this petitioner became a co-sharer of the suit property and was vitally interested in the proceedings pending, he made an application on 22nd Nov., 1996 before that Executing Court for being added as a party to the said Title Execution Case Aiming certain reliefs. But this petition was rejected by the learned executing Court on the ground that similar petition for being added as a respondent filed by this petitioner before a Division Bench of this Court in the appeal being F.A. No. 348 of 1995 with F.A. No. 164 of 1989 was rejected on the ground that it was not necessary to implead this petitioner as a party in that Appeal (F.A. No. 164 of 1989) though in F.A. No. 348 of 1995 it was ordered to be impleaded as a party in view of the fact that if the said appeal succeeded, the applicant's interest might be protected to the extent of its share in respect of mesne profits.