LAWS(P&H)-1985-5-108

NAND LAL NANDWANI Vs. BHAGWAN DASS

Decided On May 08, 1985
NAND LAL NANDWANI Appellant
V/S
BHAGWAN DASS Respondents

JUDGEMENT

(1.) The present petitioners had filed a suit for permanent injunction restraining the Municipal Committee, Sonepat, and its Administrator from demolishing their walls constructed on the land in dispute. During the pendency of the suit, the present respondent No. 1 Bhagwan Dass filed an application to be impleaded as a party on the ground that Municipal Committee was colluding with the plaintiffs and the suit had been filed with the intention to encroach upon its property. The learned trial Court allowed that application on the ground that to enable the Court to adjudicate effectively and completely upon the question involved in the suit he (i.e. Bhagwan Dass) he made a party. Feeling aggrieved against that order, the plaintiffs have filed this revision petition.

(2.) From the arguments it appears that the plaintiffs have made certain construction on the site in dispute, which according to the plaintiffs, is their property while the defendant-Committee's contention is that it is part of the land reserved for public place. Bhagwan Dass, who has been ordered to be made a party, has a house situated towards a corner of the disputed site across the street.

(3.) The learned counsel for the petitioners argued that Bhagwan Dass has no interest in the suit property and, therefore, his presence is not at all necessary for effectively adjudicating the matters in dispute. He has placed reliance upon Banarsi Dass v. Panna Lal,1968 PunLR 451, wherein it was remarked :-