GH AHMAD SOFI Vs. MOHD AYUB KHAN

JUDGEMENT

(1.) REVISION petitioners have filed suit for ejectment and recovery of arrears of rent and compensation against Mohd Ayub Khan proprietor, of M/s M.S. Motors in respect of 8160 sq. ft. of land under survey No. 1422/773 of Khewat No. 202 situated at Kadalbal Pampore. The suit land is alleged in possession of the said defendant as lessee for running his Motor work -shop business for repairs and sales of spare parts of vehicles under the name and style M/s Ayub Motors, on terms and conditions incorporated in the lease deed executed between parties thereto on 18 -07 -1994. During pendency of this suit respondent No. 2 (J&K State Financial Corporation, through its Chief Manager at Pulwama) filed an application on 22 -07 -2000 for being impleaded as party. The trial court of District Judge, Pulwama after hearing the parties allowed the application and ordered for impleadment of J&K State Financial Corporation, Srinagar as co -defendant in the main suit. This order dated: 17 -10 -2000 of Ld. District Judge, Pulwama is impugned in this revision petition.

(2.) RESPONDENTS despite being served failed to appear. Counsel for revision petitioner is heard.

(3.) THE counsel submits that the petitioner filed simple suit for ejectment and recovery of rent with penalty in respect of suit land. Delivery of physical possession of premises on expiry of stipulated seven years lease period on 15 -04 -2000, is prayed for. The trial court on misconstruing the law allowed the application for impleadment of J&K State Financial Corporation as party on a misconception of facts. The earlier lease for 15 years executed on 21 -12 -1984 in favour of M.A. Motor Corporation, a partnership concern, was taken (sic) as the lease in question to show that the J&K State Financial Corporation with whom the M.A. Motor Corporation mortgaged the land and unit (sic) after loan was obtained from it was a necessary party. The nature of the suit is changed in so far as in pure ejectment suit based on lease deed and efflux of lease period, liability incurred towards J&K Financial Corporation by the earlier lessee of plaintiffs is sought to be adjudicated in the suit. It would prolong the litigation.