RATAN KUMAR SARAWGI Vs. VISHWANATH SARAWGI

JUDGEMENT

(1.) Heard Mr. Ganpati Trivedi, learned senior counsel for the petitioner and Mr. J.S. Arora, learned senior counsel for the respondents.

(2.) This Writ Application has been filed against the order dtd. 19/11/2015 passed by the learned Sub Judge-V, Sitamarhi passed in Eviction Suit No. 02 of 2011 allowing the application of the intervenor / respondent No. 4 filed under Order 1 Rule 10 and Sec. 151 of the Code of Civil Procedure for adding him as a party.

(3.) The brief facts of the case are that the plaintiff / petitioner has filed Eviction Suit No. 02 of 2011 for eviction of defendant-respondent Nos. 1 to 3 from the suit premises on the ground of default and personal necessity and for arrears of rent and other formal reliefs. The case of the plaintiff-petitioner is that his father died in the year 1955 leaving behind three sons namely, plaintiff / petitioner, defendant / respondent No.1 and Hari Prasad Sarawgi. Through a registered sale deed of the partition dtd. 19/12/1988 vide deed No. 10238 the heirs partitioned all the properties. After partition, the parties applied for mutation and were mutated and are paying rent. In partition, the suit premises fell in the share of the plaintiff which is mutated in his favour and is paying rent to the State of Bihar on grant of rent receipt and the petitioner constructed new buildings on the same. The defendant No. 1 did not get any residential house and took the suit premises on rent since the suit premises was situated in prime location of the Town. The premises was let out with effect from 1/1/1991 on monthly rent of Rs.36,000.00 and gradually the rent has been increased to Rs.50,000.00. In March, 2009, on ground of personal necessity for personal use for expansion of his business, the plaintiff requested the defendants to vacate the suit premises but they failed to comply the same and became defaulter. Hence, the aforesaid Eviction Suit has been filed.