PRAVIN BIRULY Vs. SUNIL DAVID KACCHAP

JUDGEMENT

(1.) The instant writ petition has been filed under Article 227 of the Constitution of India for quashing of the order dtd. 3/6/2022 passed in Civil Misc. Appeal No. 02 of 2022 by the Principal District Judge, East Singhbhum at Jamshedpur by which the said appeal preferred by the petitioners under Order

(2.) The fact in brief is that opposite party nos. 1 and 2 namely, Sunil David Kacchap and Sushma Kacchap filed the Eviction Suit No. 24 of 2006 against opposite party no. 3 Jayanti Kalundia and opposite party no. 7 Meshat Kalundia for eviction which was decreed on the ground of default in payment of rent.

(3.) During the pendency of the trial, the mother of the appellant intervened with the submission that she was 50% shareholder of the suit premises and House No. 1247A which was allowed and she was impleaded in the suit. This order was impugned before this Court and the order was set aside by holding that she was not necessary party in a suit for eviction which was concerned only the landlord and tenant relationship in W.P. (C) No. 3466 of 2017 and the order impleading Beronica Kalundia was set aside and thereafter the suit proceeded between respondent nos. 1 to 2 and respondent nos. 3 to 7.