LEELA DEVI Vs. RATANDEV GUPTA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing for the respondents.

(2.) In the instant application preferred under Article 227 of the Constitution of India, the intervenor/petitioner has prayed for setting aside the order dated 01.02.2019 passed by the learned Munsif, Sadar, Purnea in Eviction Suit No.12 of 2011 by which his application under Order 1 Rule 10 of the Code of Civil Procedure (for short 'CPC') for being impleaded as intervenor/defendant in the suit has been rejected.

(3.) Mr. J.P. Singh, learned counsel appearing for the petitioner submitted that when the petitioner came to know about the Eviction Suit No. 12 of 2011, she filed an application on 13.08.2018 under Order 1 Rule 10 of the CPC for being added as a party defendant because in view of the provisions laid down under Section 2(h) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1989 (for short 'BBC Act') she became tenant after death of her husband although she is the owner of the premises and not the tenant.