PRAKASH CHAND PAPRIWAL Vs. PRADEEP KUMAR VAID

JUDGEMENT

(1.) AGGRIEVED by the order dated 26.10.2009 passed by the Civil Judge (Jr. Div.), Kishangarh, District Ajmer whereby the learned Magistrate has allowed an application filed by the respondents -defendants under Order 1, Rule 10 CPC and has directed for impleadment of the Municipal Council, Kishangarh as a defendant in the suit, the petitioners have approached this court.

(2.) MR . R.K. Agrawal, the learned senior counsel for the petitioners, has raised the following contentions before this court: firstly, the issue of ownership is not germane to a suit for eviction. In fact, what is essential is existence of relationship of landlord and tenant between the parties. In order to buttress this plea, the learned senior counsel has relied on the case of Dr. Ranbir Singh v. Asharfi Lal [ : (1995) 6 SCC 580] and on the case of Vimla Devi v. Nand Lal [ : 1992(2) WLC (Raj.) 53].

(3.) THIRDLY , since the Municipal Council has not filed any application under Order 1, Rule 10 CPC, since the said application has been filed by the respondents -defendants, the said application should not have been allowed. For, it is not the case of the Municipal Council that their rights or interests might be adversely affected by the judgment and decree passed by the learned trial court.