SHEELA DEVI Vs. SUMAN AND OTHERS

JUDGEMENT

(1.) By invoking Art. 227 of Constitution of India, the present petition lays challenge against order dated 03.07.2014 (Annexure P-5) whereby application filed by the defendants/respondents No.1 and 2 under Order 1, Rule 10 of the Code of Civil Procedure, 1908 (in short 'CPC') for impleading Bala Ram - respondent No.3 as a party on the array of defendants has been allowed.

(2.) Counsel for the petitioner contends that a suit for mandatory injunction has been filed by the petitioner on the premise that she is the registered owner of 100 square yards house purchased vide vasika No.2497/1 dated 28.05.2004 for a consideration of Rs.60,000.00. Sham Lal - respondent No.2 is her real brother and Suman is wife of Sham Lal and as they had no accommodation to live and wanted to construct a house by purchasing some plot near to the house of the petitioner, the house in question was given to them on license for a period of one year. On expiry of one year, the respondents failed to hand over vacant possession of the house and the petitioner filed the suit for mandatory injunction directing them to hand over vacant possession of the house. It is further argued that in the written statement filed by respondents No.1 and 2, they have raised a plea that the petitioner sold the suit house through agreement to Bala Ram for a consideration of Rs.1,50,000.00 and Bala Ram further sold the house for a consideration of Rs.1,70,000.00 vide full and final payment agreement dated 06.01.2011.

(3.) It is further argued that the instant application was filed by respondents No.1 and 2 for impleading Bala Ram as a party that has been wrongly and illegally allowed by the Court. It is argued with vehemence that as the petitioner has not claimed any relief against Sh. Bala Ram nor he is a proper much less necessary party for complete and effective adjudication of the real dispute between the parties, the order impugned is liable to be set aside.