DAKSHINA RANJAN BHATTACHARYA Vs. SRI ASHOK DAS

JUDGEMENT

(1.) CHALLENGE is to the order dated November 10, 2008 passed by the learned Civil Judge (Junior Division), Third Court, Alipore in Ejectment Suit No.195 of 2006 thereby allowing an application under Section 10 of the Code of Civil Procedure.

(2.) THE short fact is that the plaintiff/petitioner herein instituted a suit for eviction of a tenant and other reliefs on the ground of default, violation of the provisions of (m), (o) and (p) of Section 108 of the Transfer of Property Act. THE defendant is contesting the said suit. In that suit, the defendant/opposite party filed an application under Section 10 of the C.P.C. for stay of the suit stating, inter alia, that one other suit being O.S. No.7 of 2006 is pending between the plaintiff and Gouri Debi and others for determination of the title of the premises in suit and the defendant got a lawyers notice on behalf of one Pankaj Bhattacharya and others to the effect the defendant/tenant need not make any payment of rent in respect of the premises in suit occupied by him as tenant to the plaintiff till disposal of the said O.S. No.7 of 2006. Since a question of title is involved in the other suit, the application under Section 10 of the C.P.C. was filed and the learned Trial Judge allowed that application.

(3.) SO, this is a suit between a landlord and his tenant for eviction and other reliefs. In order to decide the lis between the parties, all the owners need not be added as landlord in the suit. The lis could well be decided between the parties to the suit and for that reason, if there are other co-owners of the premises in suit, they need not be added as parties to the suit.