(1.) This is a second appeal against order dated 14.8.1987 passed by the Additional District Judge, Ludhiana who dismissed the application of the appellant for impleading him as L.R. of his father Poholo Singh.
(2.) Some facts can be noticed in the following manner :-
(3.) One Satish Kumar son of Satpaul Sharma filed a suit for declaration against Poholo Singh, Naresh Kumar and Harbhajan Singh, defendant No. 1 to 3, respectively, alleging that defendant No. 3 is the real owner of the property B-XVII-1397, shown in the plaint situated at Ludhiana and that the plaintiff is the tenant of said Harbhjan Singh on monthly rental of Rs. 250/- and that there does not exist any relationship of landlord and tenant between defendant No. 1 and the plaintiff. Moreover, there was no relationship of landlord and tenant between defendants No. 1 and 2 and, as such, the order of ejectment dated 20.1.1981 obtained by the defendant No. 1 was the result of fraud and misrepresentation. There was no person by the name of Naresh Kumar nor such person ever came into possession of the property and the ejectment order, if any obtained by Poholo Singh against Naresh Kumar does not bind the interest of the plaintiff, who was the tenant of defendant No. 3 Harbhajan Singh. As a result of the ex parte order of ejectment dated 20.7.1981, the plaintiff is not liable to be evicted from the premises.