MAZHAR HUSSAIN Vs. SHAFI MOHAMMED

JUDGEMENT

(1.) THIS is an application by Mazhar Hussain plaintiff; against an order of the Munsiff, Merta under Order 1, Rule 10(2) C.P.C. directing him to implead Mohammed Farooq as a defendant in the present suit.

(2.) ACCORDING to the plaint, the plaintiff is the owner and in possession of plot No. ABCDEF. In support of this claim he has filed a patta issued in Sambat 1941 in favour of Nabi Karim Bux and Khudabux, sons and grand -son of one, Ahmed Bux. He asserts that they were his ancestors and subsequently in reply, to an application under Order, 6 Rule 5 C.P.C. he has filed a pedgree table connecting himself with them.

(3.) SMT . Ayesha and Shaft Mohammed filed one written statement in which, it was asserted that the plaintiff was not a descendant of Nabi Bux, Karim Bux and Khuda Bux in whose favour the patta had been issued, that the pedigree table filed by him was not true and that Smt. Ayesha was the grand daughter of Karim Bux and was a co -owner of the suit property. It was denied that the possession was taken as a licensee from the plaintiff. On the contrary, it was asserted that, Smt. Ayesha had been in possession from the time of her ancestors. It was also alleged in the written statement that several other descendants of the original patta -holders were alive and were necessary parties to the suit. Amongst them, Mossa, Mohammed Farooq and Haroon were named.