A K ROY Vs. J C ROY CHOUDHURY

JUDGEMENT

(1.) The order dated 10-6-1980 passed by Sri D. K. Bhattacharjee, the learned Munsif. 4th Court, Sealdah allowing the application under Order 1, Rule 10 C. P. C. filed by the opposite party No. 2 Smt. Kalpana Roy Choudhury to be add ced as a defendant to the suit for ejectment, being Title Suit No. 412 of 1973 has been challenged by the landlord-petitioner under the present revision.

(2.) According to the petitioner. Opposite party No. 1 was a tenant under him in respect of the premises in suit at a monthly rental of Rs. 150/- per month and he served a notice dated 25-5-1970 on the opposite party No. 1 to quit the premises in suit on and from 1-7-1979. But he failed to vacate, hence the suit. He, however, did not appear to contest the suit, and as such the suit was fixed for ex parte hearing.

(3.) On 20-3-1980 the opposite party No. 2 filed the application under Order 1, Rule 10 C. P. Code for being added as a defendant, contending inter alia, that she is the wife of the eldest son of Opposite party no. 1, and the real tenant of the premises in suit was her husband, Tushar Kanti Roy Choudhury, and the Opposite party No. 1 was simply a benamdar and her husband all along paid rent.