KAILASH PRASAD AGRAWAL Vs. RAJENDRA PRASAD AGRAWAL

JUDGEMENT

(1.) Heard the learned counsel, Mr. R.K.P. Sinha on behalf of the Petitioner and the learned counsel, Mr. Kaushal Kumar on behalf of the Respondent.

(2.) This writ application has been filed by the defendant No. 2-Petitioner against the order dated 7.1.2009 passed by Sri G.K. Srivastava, Munsif 1st, Begusarai in Title Suit No. 121 of 1980 allowing the application filed by the Respondent Nos. 2 to 8 under Order 1 Rule 10(2) of the Code of Civil Procedure and adding them as co-Plaintiff. It appears that the Plaintiff-Respondent No. 1, Rajendra Prasad Aggrawal filed Eviction Suit under the Bihar Buildings (Least, Rent and Eviction) Control Act, 1982 on the ground of personal necessity and default. The defendant No. 1 -Respondent No. 9, Raj Kumar Sahu, took the defence that Plaintiff is not the real landlord rather his landlord is Kailash Prasad Agrawal (Petitioner). It appears that subsequently, this Petitioner was added as defendant No. 2.

(3.) The intervener-Respondents filed the aforesaid application for being added as co-Plaintiff in the suit on the ground that they have purchased the suit land from the Plaintiff on 23.12.1981 and stepped into the shoes of the vendor. The original Plaintiff is not taking interest in pursuing the suit for evicting the tenant.