KANAK PROVA DEY Vs. ASHA DEVI JAISAWAL

JUDGEMENT

(1.) THE petitioners assail, in these proceedings under Article 227 of the constitution of India, an order passed by the Small Causes Court rejecting the petitioners' application for addition of parties in an ejectment suit instituted by the first respondent against the second respondent.

(2.) THE petitioners assert that they are joint tenants along with the second respondent in respect of the suit premises and are in possession of the suit premises as such. The petitioners submit that the first respondent instituted a suit before the Rent Controller, Calcutta against the second respondent, which has since been transferred to the Small Causes Court, seeking eviction on the ground of default of rent and for reasonable requirement. The plaintiff had earlier instituted another ejectment suit against the second respondent and the petitioners which was dismissed on contest. The plaintiff in that suit claimed that the petitioners herein were trespassers at the suit premises.

(3.) THE present petitioners and other family members of the second respondent have filed a suit for declaration of their joint tenancy rights in respect of the same premises being T. S. Suit No. 1442 of 2001 and an interlocutory order of injunction passed therein is subsisting. The petitioners contend that they have been residents at the suit premises for more than 35 years. In the application under Order 1 Rule 10 (2) of the Code of Civil Procedure before the court below the petitioners alleged that the plaintiff had instituted the present suit by suppressing material facts and the matters in dispute cannot be adjudicated properly in the absence of the petitioners. The petitioners claim that they are necessary parties to the suit.