MAHANT LAKSHMI CHAND Vs. GOBINDI

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against an order of Additional Munsif No. 1, Jaipur City directing him to implead Smt. Madan Kanwar as a defendant under Order 1, rule 10 (2) Civil Procedure Code.

(2.) ON 3rd November, 1951 the plaintiff instituted a suit for possession against Smt. Gobindi Bai on the allegation that she was his tenant of the house in suit but was denying his title. Smt. Gobindi Bai claimed that she was the owner of the house. The suit was ultimately decreed on 31st January, 1956. The first and second appeals against this decree were both dismissed. ON 27th January, 1957 the plaintiff, according to his allegation, took actual possession over the house through court. Ex. 6 is the report of the Nazir in which it is stated that possession was delivered to the plaintiff over the house in suit. It is mentioned specifically in this report that Smt. Madan Kanwar, daughter of Smt. Gobindi Bai was present when the possession was delivered.