VIMLA DEVI Vs. NAND LAL

JUDGEMENT

(1.) THIS revision has been directed against the order dated 30.10.1991, passed by Additional Civil Judge No.3, Jaipur City, Jaipur, by which he allowed the application of the Non-Petitioner Nos. 1 to 3 and impleaded them as defendants in the suit.

(2.) THE brief relevant facts of the case are that the plaintiff-petitioner filed a suit for eviction against the Non-Petitioner Nos. 4 and 5. In that suit, the Non Petitioner Nos. 1 to 3 filed an application under Order 1 Rule 10 for becoming parties on the ground that the disputed property was leased out by their father Keshar Lal and as such they were necessary parties in the suit. The trial Court allowed the application and impleaded the Non-Petitioner Nos. 1 to 3 as defendants in the suit, vide its order dated 30.10.1991. This order has been challenged by the plaintiff petitioner.

(3.) ON the other hand. Mr. Jain, counsel for non-petitioner Nos. 1 to 3, argued that the trial Court rightly allowed their application. He argued that they are the sons of the late Shri. Kehar Lal, who was the owner of the property. He further argued that the plaintiff has no right or title in the disputed property and as such she cannot file any suit against the tenants for recovery of rent and eviction. He also argued that they are receiving the rent from the tenants and as such they are also landlords of the tenants. In support of his arguments, Mr. Jain placed reliance on Smt. Sugrabi v. Hari Ram and others, 983(1) RCJ 623 and Razia Begum v. Sahebzadi Anwar Begum and others, AIR 1958 SC 886.