NAGENDRA Vs. JAHOOR KHAN

JUDGEMENT

(1.) THE instant revision has been filed against the order dated 12. 5. 94 passed by learned Civil Judge and Additional Chief Judicial Magistrate, Phalodi in Original Civil Suit No. 313 of 1992, Nagendra vs. Jahoor Khan allowing an application moved by Bal Kishan under O. l r. 10 CPC for his implement on the ground inter alia that disputed shop originally belong to Shri Dwarkanath (Dwarkadheesh) Mandir Public Trust, Phalodi and the plaintiff has wrongly filed the present suit for ejectment against the tenant alleging himself to be owner of the shop. It is also alleged in the application that the applicant Balkishan is the President of the aforesaid Trust, therefore, he should be impleaded as a party.

(2.) THE aforesaid application for impleadment moved by Balkishan under 0. 1 r. 10 C. P. C. was opposed by the revisionist and after hearing the learned counsel for the parties, the impleadment application was allowed.

(3.) LEARNED counsel for the revisionist has invited my attention towards the definition given under Section 3 (iii) of the Act No. 17 of 1950, which reads thus : - "3. Definitions - In this Act, unless there is anything repugnant in the subject or context - (i) xxxx (ii) xxxx (iii) "landlord" means any person who for the time being is receiving or is entitled to receive the rent of any premises, whether on his own account or as an agent, trustee, guardian or receiver or any other person or who would so receive or be entitled to receive the rent if the premises were let to a tenant; it includes a tenant in relation to a sub-tenant. "