ISRAIL Vs. USHA KUTIA AND OTHERS

JUDGEMENT

(1.) This revisional application is directed against Order No. 32 dated 20th November, 2013 passed by the learned Civil Judge (Junior Division), 3rd Court, Alipore in Ejectment Suit No. 464 of 2008. The plaintiff, Sk. Israil, is the petitioner before this Court challenging the order by which the opposite party nos. 2 and 3 were added as parties in the pending ejectment suit under Order 1 Rule 10(2) of the Code of Civil Procedure. It is the undisputed case by both the parties that Gauhar Bibi, since deceased, was the owner in respect of the suit premises. Various litigations proceeded in between the persons who claimed title through Gauhar Bibi and others including one Almatulla Gazi. According to the petitioner Sk. Lalloo claimed that his brother one Sk. Kallan alias Sk. Yasin allegedly claimed to be the husband of the said Gauhar Bibi and accordingly the said Sk. Kallan and Sk. Lalloo claimed to be the owners of three premises including the present suit premises. Sk. Lalloo filed a suit being Title Suit No. 582 of 1977 in the Court of the learned Munsiff, 3rd Court at Alipore whereby he alleged that one Samsunessa Bibi the mother of the petitioner, Sk. Israil was inducted as a tenant in respect of one room at premises no. 9, Prince Rahimuddin Lane, Kolkata-700033. Samsunessa Bibi contested the said suit and admitted that Gauhar Bibi's son, Sk. Israil became the absolute owner. Another suit being Title Suit No. 65 of 1991 was filed by Sk. Lalloo alias Sk. Yunus in the year 1991 in respect of three premises including the present suit premises. Ultimately, Title Suit No. 65 of 1991 was decreed in 1996. Two appeals were preferred being Title Appeal No. 157 of 1996 and Title Appeal No. 109 of 1997 by the petitioner. One Almatulla Gazi alias Sk. Salim, the opposite party no.3 herein being the applicant filed an application for adding him as a party respondent in the said appeals before the learned Appellate Court below and the learned District Judge before whom the said appeals were pending, was pleased to allow the said application for addition of party and the said Almatulla Gazi was added as respondents in those appeals.

(2.) It is submitted by Mr. Shehnaz Tareq Mina, learned Advocate appearing for the opposite party no.3 that the judgment passed in the said two appeals have been challenged by Almatulla Gazi before this Hon'ble Court in S.A.T. Nos. 1909 of 2002 and 1910 of 2002. Those appeals have been admitted by an Order dated 14th November, 2011 by this Hon'ble Court. The records have been called for.

(3.) This Court is, therefore, of the view that apparently the said Almatulla had at least an adjudicable claim before the Appellate Court below. Those apart adjudication of such right is still pending before this Hon'ble Court in the aforesaid two Second Appeals being S.A.T. 1909 of 2002 and S.A.T. No. 1910 of 2002. Such fact has not been denied by the lelarned Advocate for the petitioner although he was given ample opportunity to make his submission.