DR KAYUM GOLDER Vs. M H MD ALLY

JUDGEMENT

(1.) 3y this application under Article 227 of the Constitution of India Order no. 18 dated 18. 2. 2008 passed by the learned Judge, 4th Bench, Presidency small Causes Court at. Calcutta in Ejectment Suit No. 275/05-E rejecting the prayer of the petitioner praying for being added as a party to the ejectment Suit under Order 1 Rule 10 (2) C. P. C. is under challenge.

(2.) THE opposite party No. 1 who is the plaintiff in the suit instituted against the defendant/opposite party No. 2 prayed for eviction of the defendant from the suit premises on the ground of default in payment of rent and of sub-letting the suit premises to third parties without the knowledge and consent of the plaintiff. It was the plaint case that the said opposite party No. 2 and one Anwar Hussian were joint tenants under the plaintiff/opposite party No. 1 in the suit premises at monthly rent of Rs. 180/- payable according to the English calendar. Anwar Hussian died on 25. 9. 1995 and by survivorship the opposite party no. 2 became the sole tenant under the plaintiff/opposite party No. 1. The opposite party No. 2 who was the sole tenant/defendant in the suit filed a written statement challenging the plaint narrative that he had sub-let the suit premises without the knowledge and prior consent of the opposite party no. 1/plaintiff in the suit premises. It was specifically averred in the written statement by the opposite party No. 2 herein that he is a lawful tenant and there was no ground of eviction of him from the suit premises.

(3.) IN the context of the above pleadings the present petitioner Dr. Kayum Golder and three others namely Sk. Ajijul Hussian, md. Sahidul Islam Gain and Md. Sirajul Islam filed a petition under Order 1 Rule 10 (2)read with Section 151 C. P. C. praying for being added as party defendants in the suit for eviction on the ground that they have been residing in the suit premises for last 20 years and it was arranged between the landlord and the tenants that rent receipt would be issued in the name of senior tenant, as such it was issued in the name of one Golam kabir and another mr. Kadam Rasul. Kadam Rasul died, and then on his death rent receipts used to be issued in the name of Golam Kabir and Anwar hussian since july 1987. The present petitioner all along paid his portion of rent to the said Golam Kabir and Anwar Hussian. Golam Kabir having died rent receipt used to be issued in the name of the present defendant/ opposite party no. 2 herein and Anwar Hussian. Anwar Hussian died on 25. 9. 1995 leaving his sons and daughters who used to live in the suit premises. On the death of Anwar Hussian rent receipt was being issued in the name of his son, Anarul Azam who entered into an agreement on 11. 8. 99 with the aforesaid third party petitioners and other defendants that they wpuld be all joint defendants and would enjoy tenancy. Therefore, the said five persons prayed for being added as party to the suit.