MOHAMMED ZAMIRUDDIN Vs. FATIMA AHMAD

JUDGEMENT

(1.) This application in revision by defendant nos. 1 to 10 in the court is directed against the order, dated the 12th September, 1974, passed in Title Suit No. 12/92 of 1973/74 by Shri Ashok Kumar Sinha. Additional Subordinate Judge, 3rd Court, Patna. By this order, the learned Subordinate Judge has permitted the plaintiff of suit, opposite party no. 1, to expunge the name of defendant no. 25 from the plaint and has rejected the objection filed by the defendants.

(2.) The plaintiff-opposite party no. 1, has filed the above mentioned suit for the eviction of the defendants from the suit premises and has also claimed arrears of rent and future damages. The averment in the plaint is that defendent nos. 1 to 10 (the petitioners) are the lesseess under the plaintiff and def ndant nos. 11 to 28 opposite party nos. 2 to 20 are the sub-tenants under defendant nos. 1 to 10. The lease was for a fixed period of five years which commenced on the 1st of December, 1967, and stood terminated on the expiration of the period of five years in the end of November, 1972, and, as such, they are liable to be evicted. It has further been averred that defendants 1 to 10 inducted defendant nos. 11 to 28 as sub-tenants and, as such, they have been made parties to the suit for the sake of convenience.

(3.) Defendants 1 to 10 in their written statement have stated that defendants 11 to 28 were not necessary parties and, as such, the suit was bad for misjoinder of parties. Defendants 11 to 23 filed a p tition adopting the written statement filed by defendants 1 to 10. In this petition, it was further alleged that they are tenants and men of defendants 1 to 10.