SURENDRA KUMAR CHAUDHARY Vs. SATYA NARAYAN PRASAD JAISWAL

JUDGEMENT

(1.) The petitioner is aggrieved by an order dated 28.9.2011 passed in Eviction Suit No. 3 of 2010 by learned Munsif Vaishali at Hajipur whereby the Court below has rejected an application under Order-I Rule 10(2) of the Code of Civil Procedure for impleadment of the petitioner as party in that suit. Learned counsel for the petitioner submits that Eviction Suit was filed by Satya Narayan Prasad Jaiswal seeking eviction of Respondent No. 2 on various grounds including non-payment of rent for a long period of time. During the pendency of the suit Eviction Suit, the petitioner is said to have purchased the entire suit property by virtue of a sale deed executed by Kiran Devi and Meena Kumari, daughters of Satya Narayan Prasad Jaiswal and Tara Devi, wife of said Satya Narayan Prasad Jaiswal, who is the plaintiff before the Court below.

(2.) He submits that the suit was filed by Respondent 1st set Satya Narayan Prasad Jaiswal for eviction of Respondent No. 2 Amarnath Rai, claiming that there was relationship of landlord and tenant between them.

(3.) From the impugned order it appears that there is no denial by the Respondent No. 2 that there was relationship of landlord and tenant between Respondent Nos. 1 and 2.