JOGESH GUPTA Vs. SHREE SHREE ISWAR SATYANARAYNJI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated February, 24, 2021 passed in Title Suit No. 152 of 2000 by the learned Civil Judge (Senior Division) 2nd court at Howrah, present application under Article 227 of the constitution of India has been preferred. By the impugned order learned court below has been pleased to reject the petitioners application under order 1 rule 10(2) of the Code of Civil Procedure.

(2.) Petitioner's case in brief is that the plaintiff/opposite party no. 1 to 8 herein filed aforesaid suit against the defendants /opposite party no. 9 to 13 herein for recovery of khas possession of the suit premises, mean profit and for other reliefs. Defendants/opposite party no. 9 to 13 herein appeared in the said suit and filed written statement coupled with counter claim. In the said suit the petitioner herein filed an application under order 1 rule 10(2) of the code on July, 14th, 2003 praying for addition of the petitioner in the category of defendants in the said suit. Plaintiffs/opposite party no. 1 to 8 filed written objection against the said application. Learned Court below by the impugned order has been pleased to reject the said application.

(3.) Being aggrieved by the said order petitioner submits that the Trial Judge erred in rejecting his said application while he failed to appreciate that the petitioner was inducted as 'Ghar Bharatia' in respect of four godowns made with brick wall and tile or tin shade at the suit property, at a monthly rent of Rs.1320.00 and he has paid rent up to the month of May 2003 to M/s. Empress of India Jute Press, whose name has been recorded as Thika tenant with regard to the suit property. He further submits that the court below failed to appreciate that the property in question being Thika property, the suit is not maintainable before the said forum and suit is barred under Sec. 21 of the West Bengal Thika Tenancy (Acquisition and Requisition) Act 2001.