PURAN CHAND Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the learned Additional Civil Judge, Sri Ganganagar dated August 3, 1993 by which he has dismissed the application of the petitioner Pooran Chand moved under Order 1 Rule 10, C.P.C. for being impleaded as a party in the ejectment suit-Vijay Kumar v. M/s. Kripa Ram Ganeshi Lal. The facts of the case giving rise to this revision petition may be summarised thus.

(2.) IN the year 1978, the plaintiff-non-petitioner No. 1 Vijay Kumar filed a suit for ejectment against the defendant-non-petitioner No. 2 M/s. Kripa Ram Ganeshi Lal on the grounds of reasonable and bonafide necessity, sub- letting and default in payment of rent. Subsequently, the grounds of sub- letting and reasonable and bonafide necessity were abandoned. On July 8, 1992 the applicant moved the said application stating that he was inducted as a sub-tenant in a part of the suit premises by its previous owner Ratanlal and as such he is a necessary party in the suit. The plaintiff filed his reply, seriously opposing it. After hearing the learned Counsel for the parties and the applicant, the learned court dismissed the application by its order under challenge.

(3.) THE plaintiff-non-petitioner No. 1 filed his caveat. In reply, it has been contended by his learned Counsel that it is well settled law that a sub- tenant is not a necessary party in a suit for ejectment against the tenant and the sub-tenant is bound with the decree of ejectment if passed against the tenant-in-chief. He relied upon M/s. I.M. Ltd. v. Firoj Framrodge, AIR 1953 SC 73, Mrs. V. Howard v. Smt. Shyam Rani Bhargava, 1989(2) RLR 251 and M/s. Kirparam Ganeshi Lal v. Vijay Kumar, 1989(1) RLW 469. He further contended that the application has not been moved by the defendant-non-petitioner No. 2 M/s. Kripa Ram Ganeshi Lal (tenant) by the petitioner Poonam Chand at the fagest end of the suit after they were unsuccessful in the following appeals, revision petitions and special leave petitions filed in this Court and Hon'ble Supreme Court :